Agenda packet — Ukiah City Council, November 2, 2022 (part 1 of 3)

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City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
 Call (toll free) 1-888-788-0099
 Enter the Access Code: 971 9942 6600
 To Raise Hand enter *9
 To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones):

US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

November 2, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

3.a. Presentation of the 2022 Ukiah Leadership Academy Graduates.

Recommended Action: Receive presentation regarding the 2022 Ukiah Leadership Academy graduates.

Attachments:

1. 2022 Ukiah Leadership Academy

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

5.a. Approval of the Minutes for the October 19, 2022, Special Meeting.

Recommended Action: Approve the Minutes for the October 19, 2022, Special Meeting.

Attachments:

1. 2022-10-05 Draft Minutes - Special Meeting

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5.b. Approval of the Minutes for the October 19, 2022, Regular Meeting.

Recommended Action: Approve the Minutes for the October 19, 2022, Regular Meeting.

Attachments:

1. 2022-10-19 Draft Minutes - Regular Meeting

6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

7.a. Adoption of Resolution Approving the City's Participation in the State's Clean Fuel Reward Program Authorizing the City Manager to Execute the Participating Electric Utility Joinder to the Clean Fuel Reward Program Governance Agreement; and Approval of the Northern California Power Agency as the City's Authorized Initial Representative on the Clean Fuel Reward Program Steering Committee.

Recommended Action: Adopt Resolution approving the City's participation in the State's Clean Fuel Reward Program and authorizing the City Manager to execute the participating Electric Utility Joinder to the Clean Fuel Reward Program Governance Agreement; and approve Northern California Power Agency as the City's authorized initial representative on the Clean Fuel Reward Program Steering Committee.

Attachments:

1. FINAL_CFR Governance Agreement.March 3.2020 with Large EDU Signatures

2. Joinder Agreement

3. Joinder Governance Agreement Resolution

7.b. Authorization for the City Manager to Execute a Construction Administration Services Agreement with Mead and Hunt, Inc. for Runway 15-33 Pavement Rehabilitation Phase 2 Construction Continguent on Approval from the FAA, and Approve Corresponding Budget Amendment.

Recommended Action: Authorize the City Manager to Execute a Construction Administration Services Agreement with Mead and Hunt Inc. for Runway 15-33 Pavement Rehabilitation Phase 2 Construction contingent upon the FAA's approval of costs, and approve corresponding budget amendment.

Attachments:

1. Mead & Hunt Contract

2. Independent Fee Estimate

7.c. Consideration of Approval of a Budget Amendment for the Ukiah Valley Fire Authority (UVFA) Supplies and Maintenance Accounts.

Recommended Action: Approve amending the budget for an increase of $7,715 for the Ukiah Valley Fire Authority (UVFA) building maintenance account and $3,100 for the Ambulance supplies account for residual expenditures meant to be incurred in FY 2021-22.

Attachments: None

7.d. Review Landfill Closure Financial Plan Update.

Recommended Action: Receive and file update to the Landfill Closure Financial Plan.

Attachments:

1. Resolution No. 2016-03 - Establishing Funding Closure-Ukiah Solid Waste Disposal

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2. Signed Landfill Inflation Form

7.e. Approval of Notice of Completion for Wahlund Construction Inc. for the Ford and Orchard Lift Station Replacement, Specification 22-02, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

Recommended Action: Approve Notice of Completion for the Ford and Orchard Lift Station Replacement, Specification 22-02, and direct the City Clerk to file the Notice of Completion with the County Recorder.

Attachments:

1. Approving Staff Report

2. Notice-of-Completion

7.f. Report of Additional Amount for New 2023 Ford F-150 (All Electric) Lighting Pro Series Crew Cab, and Approve Corresponding Budget Amendment.

Recommended Action: Receive the report, and approve the requested budget amendment.

Attachments:

1. PO 47870

2. Updated Quote Redwwod Ford

7.g. Approval of a Second Contract Amendment with GHD Inc. for Professional Engineering Services for a Future Water Storage Tank Siting Study and Analysis, in the Amount of $20,000.

Recommended Action: Approve a second contract amendment with GHD Inc. for professional engineering services for a future water storage tank siting study and analysis, in the amount of $20,000.

Attachments:

1. Contract No. 2021-112

2. Contract No. 2021-112-A1

3. 2022-08-04 Ukiah Tank Siting Study - GHD Proposal

7.h. Report of the Acquisition of Two Diesel-Powered Emergency Intertie Pumps From Pac Machine Co. in the Amount of $294,083.25, and Approve Corresponding Budget Amendment.

Recommended Action: Council will receive a report of the acquisition of two diesel-powered emergency intertie pumps from Pac Machine Co. in the amount of $294,083.25, and consider approving a corresponding budget amendment.

Attachments:

1. Grant Authorization

2. PO 40111

7.i. Approval of Notice of Completion for EIDIM Group, Inc. for the Council Chambers AV Replacement Project, Specification No. 20-09, and Direct the City Clerk to File the Notice of Completion with the County Recorder, and Approve Budget Amendment.

Recommended Action: Approve Notice of Completion for EIDIM Group, Inc. for the Council Chambers AV Replacement Project, Specification No. 20-09, direct the City Clerk to file the Notice of Completion with the County Recorder, and approve budget amendment.

Attachments:

1. Spec 20-09 Council Chambers AV Replacement

2. Change Order #1 - Increase in contract days

3. Change Order #2 - Additional work - Revised

4. Change Order #3 - Additional control programming

5. Notice-of-Completion

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS

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The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

9. COUNCIL REPORTS

10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

12. UNFINISHED BUSINESS

12.a. Consideration of Approval of Scope of Work for General Plan Mobility Subconsultant GHD to Expand the City's SB 743 Methodology to Include Multimodal Networks; Approval of Contract Amendment with Mintier Harnish, General Plan Consultants; and Approval of Corresponding Budget Amendment.

Recommended Action: Approve scope of work for General Plan mobility subconsultant GHD to expand the City's SB 743 methodology to include multimodal networks; contract amendment with Mintier Harnish, General Plan consultants; and a corresponding budget amendment.

Attachments:

1. 9-21-22 13a Presentation Given at Meeting

2. Ukiah SB-743 Methodology-10.3.22 GHD memo

3. Ukiah SB-743 Mitigation Proposal_10.21.22

4. Amendment 3- C#1819190 (GHD SB 743)

13. NEW BUSINESS

13.a. Introduction of an Ordinance, by Title Only, to Adopt the 2022 California Fire Code as Amended.

Recommended Action: Introduce the Ordinance, by title only, amending Division 6, Chapter 3, Articles 1 and and 3, of the Ukiah City Code, entitled: Fire Prevention Code, to adopt the 2022 Edition of the California Fire Code, including additions or amendments, as well as NFPA 1 Chapter 38 thereto to address local conditions.

Attachments:

1. 2022 Fire Code Adoption Ordinance Redline

2. 2022 Fire Code Adoption Ordinance Clean

13.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); Including Consideration of Adoption of Resolution Appointed a Member and an Alternate Member to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA).

Recommended Action: 1. Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

2. Adopt Resolution appointing a Member and an Alternate Member to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA).

Attachments:

1. 2022 City Council Special Assignments

2. Ukiah Valley Basin GSA JPA

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3. UVBGSA Appointing Resolution 2022

14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

14.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 cases)

14.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048

14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

14.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

14.e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
Recommended Action: None
Attachments: None

14.f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment

14.g. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

14.h. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager

15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

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I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, City Clerk
Dated: 10/28/22

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Agenda Item No: 3.a.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2191

AGENDA SUMMARY REPORT
SUBJECT: Presentation of the 2022 Ukiah Leadership Academy Graduates.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:

1. 2022 Ukiah Leadership Academy
Summary: Fourteen City of Ukiah team members have completed the third Ukiah Leadership Academy and will receive Certificates of Completion.

Background: The City Manager is pleased to announce the completion of the 2022 Ukiah Leadership Academy. This innovative program was developed in 2017 as a result of input on the employee satisfaction surveys and to help address the need for succession planning.

Over the course of this year, 14 participants from various departments have attended monthly sessions, culminating in the presentation of their “class project” in the City Council Chambers.

While all City employees have opportunities for technical training related to their specific positions, it can be difficult to obtain the “soft skills” associated with a leadership position. This program seeks to provide that.

Attendees heard firsthand from upper management in the organization about topics like navigating communication with the community, the media and the elected officials, leading vs. managing, and more.

The Academy allows the City to develop talent internally and provide additional opportunities for advancement to those team members who have already invested in the agency. It will improve communication between departments and, ultimately, the City’s service to the community.

Each session was held at a different City facility and included a tour of that location. “Homework” projects included practicing agenda summary reports. Each participant selected a topic that would make City operations more efficient in some way, researched that topic, and developed an agenda summary report and a presentation around it. Strong work was done by these team members, and some of these projects may result in actual presentations to Council in the future.

Discussion: The 2022 participants were:

Donald Tubbs, Environmental Lab Technician I
Jason Benson, Senior Civil Engineer
Tom Corning, Patrol Lieutenant
Nick Kirby, Water/Sewer Leadworker
Olga Keough, Finance Controller
Ryan Kriken, Lead Waste Water Treatment Plant Operator
John Corippo, Fire Captain

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Sonu Upadhyay, Senior Power Engineer
Steven Oropeza, Senior Building Inspector
Marianne Davison, Senior Recreation Coordinator
Tiffany Breece, Dispatch Supervisor
Tim Mitchell, Senior HR/Management Analyst
Traci Boyl, Senior Management Analyst
Zeb Herinckx, Airport Attendant
The City would like to recognize the achievements of these individuals.

Recommended Action: Receive presentation regarding the 2022 Ukiah Leadership Academy graduates.

BUDGET AMENDMENT REQUIRED: n/a
CURRENT BUDGET AMOUNT: n/a
PROPOSED BUDGET AMOUNT: n/a
FINANCING SOURCE: n/a
PREVIOUS CONTRACT/PURCHASE ORDER NO.: n/a
COORDINATED WITH: Sage Sangiacomo, City Manager and Shannon Riley, Deputy City Manager

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2022 Ukiah Leadership Academy
• Donald Tubbs
• Jason Benson
• Tom Corning
• Nick Kirby
• Olga Keough
• Ryan Kriken
• John Corippo
• Sonu Upadhyay
• Steven Oropeza
• Marianne Davison
• Tiffany Breece
• Tim Mitchell
• Traci Boyl
• Zeb Herinckx
Attachment 1

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Agenda Item 5a

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
October 5, 2022
6:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on October 5, 2022, having been legally noticed on September 30, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 5:01 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, and Jim O. Brown. Councilmember Absent by Prearrangement: Josefina Dueňas.

Staff Present: Shannon Riley, Deputy City Manager; Sage Sangiacomo, City Manager; David Rapport, City Attorney; Sheri Mannion, Human Resources Director/Risk Manager; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

The Pledge of Allegiance was led by Councilmember Rodin.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was given.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 5:03 P.M.

3. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20- 74612

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Agenda Item 5a
e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
Recommended Action: None
Attachments: None
f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment
g. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
h. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager

4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:55 p.m. ________________________________
Kristine Lawler, City Clerk

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AGENDA ITEM 5b

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CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
October 19, 2022
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on October 19, 2022, having been legally noticed on October 14, 2022. The meeting was held in person and virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:10 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Shannon Riley, Deputy City Manager.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4. PETITIONS AND COMMUNICATIONS
Clerk stated that all communications had been distributed.

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the October 5, 2022, Special Meeting. b. Approval of the Minutes for the October 5, 2022, Regular Meeting.

Motion/Second: Crane/Orozco to approve Minutes of Special and Regular meetings of October 5, 2022, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
a. Report of Disbursements for the Month of August 2022 - Finance. b. Report of Disbursements for the Month of September 2022 - Finance. c. Approval of Assignment of Agreement (COU No. 2223-132) for Professional Services to Radian Generation, LLC. for Compliance and Reporting Services of Electric and Hydro Operations, Required by Governmental Agencies – Electric Utility.

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City Council Minutes for October 19, 2022, Continued:

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d. Adoption of Resolution (2022-68) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic – City Attorney.
e. Report the Purchase (PO No. 48145) of Two 2023 Ford Hybrid Police Interceptor Utility Vehicles from Redwood Ford for the Amount of $166,540.52, and Approve Corresponding Budget Amendment - Police.

Motion/Second: Crane/Orozco to approve Consent Calendar Items 7a-7d, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES:

None. ABSENT: None. ABSTAIN: None

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

9. COUNCIL REPORTS
Presenters: Councilmembers Rodin and Orozco, and Vice Mayor Duenas.

10. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 Pumpkinfest Wrap-up – Jake Burgess, Community Services Supervisor.  LATA (Broadband Infrastructure Planning) Grant Update – Jim Robbins, Grants Manager.
 Construction Update – Tim Eriksen, Public Works Director/City Engineer.  Third Leadership Academy – Sage Sangiacomo, City Manager

11. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Receive Public Comment, Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-12036, and Adopt a Resolution to Confirm Project Closeout and Full Reimbursement of Grant Expenses from the California Department of Housing and Community Development.

Presenters: Jim Robbins, Grants Manager and Matthew Keizer, Chief Building Official.

Public Hearing opened at: 6:47 p.m.

No public comment was received.

Public Hearing closed at: 6:48 p.m.

Motion/Second: Crane/Orozco to adopt a resolution (2022-69) acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State.

Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown.

NOES: None. ABSENT: None. ABSTAIN: None.
b. Conduct a Public Hearing to Consider Adoption of a Permanent Local Housing Allocation Plan, Adopt a Resolution Approving the Submittal of an Application in Response to the 2022 State Permanent Local Housing Allocation Program NOFA, and Approve Corresponding Budget Amendments if Awarded Funding of the Application.

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City Council Minutes for October 19, 2022, Continued:

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Presenters: Jim Robbins, Grants Manager and Craig Schlatter, Community Development Director.

Public Hearing opened at: 6:55 p.m.

No public comment was received.

Public Hearing closed at: 6:55 p.m.

Motion/Second: Crane/Orozco to adopt the PLHA Five-Year Plan; adopt the Resolution (2022-70) authorizing the submittal of an application (COU No. 2223-133) to HCD [State of California Housing and Community Development] for the above activities; and approve corresponding budget amendments if the application is awarded funding. Motion carried by the following roll call votes:

AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

12. UNFINISHED BUSINESS
a. Receive and File First Quarter Financial Report.

Presenter: Dan Buffalo, Finance Director.

The report was received.

13. NEW BUSINESS
a. Annual Review and Approval of No Changes to the Existing Fee Schedule for the Ukiah Police Department.

Presenter: Cedric Crook, Interim Police Chief.

Motion/Second: Crane/Orozco to approve no changes to the existing fee schedule for the Ukiah Police Department. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Discussion and Possible Action Regarding the Cancellation of the January 4, 2023, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.

Presenter: Sage Sangiacomo, City Manager.

Motion/Second: Crane/Rodin to approve the cancellation of the January 4, 2023, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Motion carried by the following roll call votes:

AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

Presenter: Sage Sangiacomo, City Manager.

Report was received.
d. Adoption of Resolution(s) Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units, and Authorizing the City Manager to Execute.

Presenter: Sage Sangiacomo, City Manager.

City Clerk, Kristine Lawler, uploaded the resolution with Exhibit A (MOU for Ukiah Police Officers Association) to the website.

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City Council Minutes for October 19, 2022, Continued:

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Motion/Second: Orozco/Rodin to adopt a Resolution(s) (2022-71) approving successor Memoranda of Understanding (COU No. 2223-134 - Ukiah Police Officers Association) between the City of Ukiah and employee bargaining units, and authorize the City Manager to execute on behalf of the City. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-140-54 & 52
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: JBT Investments LLC
Under Negotiation: Price & Terms of Donation
h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-140-53
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Marideto LLC
Under Negotiation: Price & Terms of Donation

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City Council Minutes for October 19, 2022, Continued:

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i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
j. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
Closed Session was held during the prior Special Meeting at 5:00 p.m. No report out was received; direction was given to Staff.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 7:15 p.m. ________________________________
Kristine Lawler, City Clerk

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Agenda Item No: 7.a.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2109

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Approving the City's Participation in the State's Clean Fuel Reward Program Authorizing the City Manager to Execute the Participating Electric Utility Joinder to the Clean Fuel Reward Program Governance Agreement; and Approval of the Northern California Power Agency as the City's Authorized Initial Representative on the Clean Fuel Reward Program Steering Committee.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. FINAL_CFR Governance Agreement.March 3.2020 with Large EDU Signatures

2. Joinder Agreement

3. Joinder Governance Agreement Resolution
Summary: Council will consider adoption of a Resolution approving the City's participation in the State's Clean Fuel Reward Program and authorizing the City Manager to execute the participating Electric Distribution Utility Joinder to the Clean Fuel Reward (CFR) Governance Agreement (Attachment 1); and will consider approval of the Northern California Power Agency (NCPA) as the City's authorized initial representative on the Clean Fuel Reward Program Steering Committee.

Background: The Clean Fuel Reward (CFR) program is a statewide point of purchase cash rebate program for electric vehicles (EVs), required by the state's Low Carbon Fuel Standard (LCFS) regulation. This rebate is available at any participating car dealership within the state and is funded entirely by a percentage of utilities' LCFS credits earned from residential EV charging. Utilities participating in the LCFS program, including Ukiah, are required to enter into the CFR Governance Agreement before December 31, 2022, and comply with the CFR Program's regulatory requirements. Additionally, as a participating electrical utility, Ukiah is required to deposit $5,125, which is Ukiah's pro rata share of funding, to provide initial rebates for the program by January 31, 2023. The funds will come from the sale of Ukiah Electric's LCFS credits.

The California Air Resources Board (CARB) developed the LCFS program in compliance with AB 32 (the Global WarmingSolutions Act of 2006) to reduce the carbon intensity of transportation fuels used in California by 10% by 2020 and 20% by 2030. Under the LCFS program, providers of alternate fuels generate credits that can be sold to producers of traditional fossil fuels, helping those entities meet AB32 emission reduction requirements. Electric Utilities that provide electricity to charge EVs, as Ukiah does, are eligible to receive LCFS credits based on the number of EVs in their service territory.

As a small utility, the CFR Governance Agreement requires Ukiah to contribute 2% per year of its LCFS program funds to the CFR program to fund EV rebates starting in 2023.

Discussion: In September 2018, CARB adopted amendments to the LCFS regulation creating a new statewide, electric utility run point of purchase vehicle purchase CFR program funded exclusively by LCFS credit revenue. CARB instituted these regulatory amendments to accelerate electric vehicle adoption in an effort to support the state's greenhouse gas (GHG) reduction goals. Utilities, automakers, CARB and the California Public Utilities Commission (CPUC) engaged in a collaborative process to implement the regulation by developing a statewide point of purchase reward program with the goals of achieving equity for all electric vehicle customers and making it seamless for customers to claim the rebate. Ukiah was represented by

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NCPA in this process. The CPUC authorized Southern California Edison (SCE) to serve as the initial, shortterm administrator for the CFR program, and directed the CFR Steering Committee and CARB to engage a longer-term replacement administrator. Participation requires the execution of the Participating Electric Distribution Utility joinder (Attachment 2).

In 2022, the CFR program was paused; however, it is anticipated that CARB will restart the program in 2023. If the program is not restarted, the monies will be directed back to the funding utilities. Despite the pause in the program, utilities are still required to deposit the initial pro rata share in order to continue to participate in the LCFS program. Proceeds from the sale of the LCFS credits will help fund projects that promote GHG reduction. An additional requirement of the regulation is that 30% of credits must be set aside and used for equity programs and projects.

Staff recommends adopting Resolution (Attachment 3) approving the City's participation in the States Clean Fuel Reward Program, and authorizing the City Manager to execute the participating Electric Utility Joinder; and approve Northern California Power Agency as the City's authorized initial representative on the Clean Fuel Reward Program Steering Committee.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: LCFS Credit Sale
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

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Attachment 1

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43425759.3 55
IN WITNESS WHEREOF, this Agreement has been duly executed on behalf of the Parties by their respective authorized officers (or respective designee) as of the year and dates first written above.

Pacific Gas and Electric Company
By:

Name:

Title:

Address for Notice:
___________________________________
___________________________________
Los Angeles Department of Water & Power
By:

Name:

Title:

Address for Notice:
___________________________________
___________________________________
Southern California Edison Company
By:

Name: Kevin E. Walker
Title: Senior Vice President
Address for Notice:
___________________________________
___________________________________
Approved as to Legal Form and Content (optional)
By:

Name:

Title:

Approved as to Legal Form and Content (optional)
By:

Name:

Title:

Approved as to Legal Form and Content (optional)
By:

Name:

Title:

DocuSign Envelope ID: 01A174D4-9122-4EED-AC5C-A4096912C730

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San DiegoGas & Electric Company
Name:

Title: yu&
. 1. W r Address lor Notice:
<?>?ybQ vv V<Xic C iiiuc '
€?< •Di ar d.A
Sacramento Municipal Utility District
By:

Name:

Title:

Address for Notice:

Approved as to Legal Form and Content (optional)
By: "i
Name: ( i 1 1 \) IA
Title:

Approved as to Legal Form and Content (optional)
By:

Name:

Title:
43425759.3 56

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Attachment 2
43425759.3

EXHIBIT A

PARTICIPATING EDU JOINDER
This JOINDER AGREEMENT (“Joinder Agreement”), dated as of ____________, 2022 is made by the CITY OF UKIAH, a California municipal corporation (the “Joining EDU”), and delivered to Southern California Edison Company, in its capacity as Program Administrator (in such capacity and together with any successors in such capacity, the “Program Administrator”) under that certain Governance Agreement (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Governance Agreement”; capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Governance Agreement), dated as of March 3, 2020, made by and among Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company, Los Angeles Department of Water & Power, Sacramento Municipal Utility District, and the other electric distribution utilities (“EDUs) party thereto.

WHEREAS, the Joining EDU is an EDU operating in the State of California and desires to participate in the CFR Program developed and implemented by the EDUs that are parties to the Governance Agreement and, in order to participate in the CFR Program, the Joining EDU is required by the terms of the Governance Agreement and the LCFS Regulation to be joined as a party to the Governance Agreement as a Participating EDU; and WHEREAS, this Joinder Agreement supplements the Governance Agreement and is delivered by the Joining EDU pursuant to Section Error! Reference source not found. of the Governance Agreement; and
WHEREAS, the Joining EDU will materially benefit directly and indirectly from (i) the CFR Program and from the LCFS Base Credits made available and to be made available by CARB to the Joining EDU as a participant in the CFR Program and a Participating EDU under the Governance Agreement, and (ii) from the Program Administrator’s administration of the CFR Program on behalf of the Joining EDU and all Participating EDU; and NOW THEREFORE, the Joining EDU hereby agrees as follows with the Program Administrator and each other Party to the Governance Agreement:

1. Joinder. The Joining EDU hereby irrevocably, absolutely and unconditionally becomes a party to the Governance Agreement as a Participating EDU, as a Party, and in each other capacity (e.g., POU, IOU, Northern EDU, Southern EDU, etc.) under the Governance Agreement that is applicable to the Joining EDU as a Participating EDU and Party thereunder, and agrees to be bound by all the terms, conditions, covenants, obligations, liabilities and undertakings applicable to any such Participating EDU or Party, or to which any such Participating EDU or Party is subject thereunder, all with the same force and effect as if the Joining EDU were an original signatory to the Governance Agreement. Without limiting the generality of the foregoing, (a) the Joining EDU hereby designates and authorizes the Program Administrator to act on its behalf as the Program Administrator under the Governance Agreement and under any Program Agreement, and authorizes the Program Administrator to take such actions on its behalf and to exercise such powers as are delegated to the Program Administrator by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto or as otherwise determined by the Steering

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Attachment 2
43425759.3
Committee, in each case in accordance with the terms and conditions of and for the time period set forth in the Governance Agreement, and (b) the Joining EDU, on its own behalf and on behalf of its Related Entities, does hereby irrevocably, unconditionally, voluntarily, knowingly, fully, finally, completely, and forever grant and make the Release and Covenant Not to Sue, and agrees to the indemnification and other obligations, set forth in Error! Reference source not found. of the Governance Agreement with full knowledge and in full agreement with all of the terms, conditions and obligations set forth therein and without limiting the generality of the foregoing expressly acknowledges and agrees that it has been advised of, and does hereby specifically and expressly waive and release all rights under, the provisions of Section 1542 of the Civil Code of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

2. Affirmations. The Joining EDU hereby makes each of the representations and warranties and agrees to each of the covenants contained in the Governance Agreement that is made by any Participating EDU, Party, and in each other capacity under the Governance Agreement that is applicable to the Joining EDU as a Participating EDU and Party thereunder. The Joining EDU also represents and warrants to the Program Administrator and to each other Party that (a) it has the power and authority, and the legal right, to make, deliver and perform this Joinder Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Joinder Agreement, (b) no consent or authorization of, filing with, notice to or other act by or in respect of, any Governmental Authority or any other Person that has not been obtained, made or completed is required in connection with the execution, delivery and performance, validity or enforceability of this Joinder Agreement, (c) this Joinder Agreement has been duly and validly executed and delivered on behalf of the Joining EDU, (d) the execution, delivery and performance of this Agreement by such Joining EDU will not violate, conflict with, require consent under or result in any breach or default under (i) any of such Joining EDU’s organizational, governing or charter documents, (ii) any applicable law, or (iii) with or without notice or lapse of time or both, the provisions of any material contract or agreement to which such Joining EDU is a party or to which any of its material assets are bound, and (e) this Joinder Agreement constitutes a legal, valid and binding obligation of the Joining EDU enforceable against such Joining EDU in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, general equitable principles (whether considered in a proceeding in equity or at law) and an implied covenant of good faith and fair dealing.

3. Miscellaneous. Error! Reference source not found. of the Governance Agreement is hereby incorporated into this Joinder Agreement by reference and shall be a part hereof, mutatis mutandis.
[Signature page follows]

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Attachment 2
43425759.3
IN WITNESS WHEREOF, the parties hereto have caused this Joinder Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized.

CITY OF UKIAH
By_____________________
Name:

Title:

Contact Information for Notices:

If not already listed on Schedule Error! Reference source not found. to the Governance Agreement, the Joining EDU hereby elects to be listed thereon as a Northern EDU.

AGREED TO AND ACCEPTED:

Southern California Edison Company, as Program Administrator By_____________________
Name:

Title:

Contact Information for Notices:

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Attachment 3
RESOLUTION 2022-
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF UKIAH APPROVING THE CITY’S PARTICIPATION IN THE STATE’S CLEAN FUEL REWARD PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE ELECTRIC DISTRIBUTION UTILITY JOINDER TO THE CLEAN FUEL REWARD GOVERNANCE

AGREEMENT
WHEREAS, in 2019, the California Air Resources Board Instituted the Clean Fuel Reward (CFR) as a new statewide point-of-purchase cash rebate program at participating car dealerships, under the state’s Low Carbon Fuel Standard (LCFS) regulation; and
WHEREAS, the LCFS regulation requires electric distribution utilities such as Ukiah, which receive funds through the LCFS program, to contribute 2% of these funds to the CFR program from 2023 forward; and WHEREAS, participating electric distribution utilities collaboratively developed CFR Program Governance Agreement to fund and administer the EV rebate program, and the California Public Utilities Commission approved the agreement in January 2020; and WHEREAS, participating in the LCFS program has been beneficial to the Ukiah community by garnering thousands of dollars in funding to facilitate EV adoption in the City, and participating in the CFR program will meet the needs of the community by seamlessly reducing the purchase price of EVs at the point-ofpurchase; and WHEREAS, the City’s cost of participating in the CFR program is estimated to be $500-$1,000 per year, with an initial deposit of $5,125 to be paid by January 31, 2023 and will be funded by the City’s LCFS Program revenues, with no ratepayer impacts.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah:

SECTION 1. Approves the City’s participation in the State’s Clean Fuel Reward Program, which will provide rebates for Electric Vehicles at the point of purchase; SECTION 2. Approves the Northern California Power Agency (NCPA) to be the City’s initial authorized representative on the Clean Fuel Reward Program Steering Committee; SECTION 3. Delegates authority to the City Manager and/or his designee to execute the Participating Electric Distribution Utility Joinder to the Clean Fuel Reward (CFR) Program Governance Agreement (Exhibit A).

PASSED, ADOPTED and APPROVED this 2
nd day of November, 2022, by the following vote on roll call:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jim O. Brown, Mayor
_________________________
Kristine Lawler, City Clerk
ATTEST:

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EXHIBIT A

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Committee, in each case in accordance with the terms and conditions of and for the time period set forth in the Governance Agreement, and (b) the Joining EDU, on its own behalf and on behalf of its Related Entities, does hereby irrevocably, unconditionally, voluntarily, knowingly, fully, finally, completely, and forever grant and make the Release and Covenant Not to Sue, and agrees to the indemnification and other obligations, set forth in Error! Reference source not found. of the Governance Agreement with full knowledge and in full agreement with all of the terms, conditions and obligations set forth therein and without limiting the generality of the foregoing expressly acknowledges and agrees that it has been advised of, and does hereby specifically and expressly waive and release all rights under, the provisions of Section 1542 of the Civil Code of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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IN WITNESS WHEREOF, the parties hereto have caused this Joinder Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized.

CITY OF UKIAH
By_____________________
Name:

Title:

Contact Information for Notices:

If not already listed on Schedule Error! Reference source not found. to the Governance Agreement, the Joining EDU hereby elects to be listed thereon as a Northern EDU.

AGREED TO AND ACCEPTED:

Southern California Edison Company, as Program Administrator By_____________________
Name:

Title:

Contact Information for Notices:

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Agenda Item No: 7.b.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2119

AGENDA SUMMARY REPORT
SUBJECT: Authorization for the City Manager to Execute a Construction Administration Services Agreement with Mead and Hunt, Inc. for Runway 15-33 Pavement Rehabilitation Phase 2 Construction Continguent on Approval from the FAA, and Approve Corresponding Budget Amendment.

DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen
ATTACHMENTS:

1. Mead & Hunt Contract

2. Independent Fee Estimate
Summary: The FAA has awarded the Airport with a construction grant for the Runway 15-33 Pavement Rehabilitation Phase 2 project to complete the runway 15-33 width reduction from 150 Feet to 75 Feet; and install new lighting (Construction). Mead and Hunt, Inc. has submitted a contract to provide construction administration services. Therefore, Staff is seeking for Council to consider authorizing the City Manager to Execute a Construction Administration Services Agreement for this project.

Background: On April 14, 2022, the project - Runway 15-33 width reduction from 150 feet to 75 feet; and install new LED MIRLS (Medium Intensity Runway Lighting System), Runway Threshold Lights (Remove and Install New), a New Runway 15 LED REIL (Runway End Identifier Lights), New Runway 33 LED REIL Installation, and a New LED PAPI (Precision Approach Path Indicator) - was solicited for competitive bids, with the lowest responsive and responsible bidder being Royal Electric, with a bid amount of $2,222,222.00.

The FAA funding is 90% of the total project cost, which is $2,713,255.79 (Royal Electric $2,222,222; Project Administration and Inspection expense $242,246.90; and Independent Fee Estimate (IFE) $2,340, plus a 10% contingency in the amount of $246,446.89 for construction and project management). Caltrans grant match of 5%, is $112,926.

The balance of the funds, or $158,399.58, will be funded from the Airport Fund.

The timing of this project is a concern that Staff has grappled with, since the Airport is open every day year round. However, due to construction requirements and FAA funding for this project, the runway may be closed during fire season, causing Cal Fire to relocate for several weeks. Cal Fire air tankers will be relocated to the next closest bases, Santa Rosa and Chico, which are between 15-25 minutes away by air. Cal Fire supports this project, and Staff has been working with Cal Fire on the projected runway closures. Helicopter access will not be impacted by the project, even during construction. Staff will continue to work with the contractor to limit the impact on Cal Fire and other airport users.

Discussion: Staff is requesting that the City Manager be authorized to execute the construction administration services agreement (Attachment 1) with Mead and Hunt, Inc. for Runway 15-33 Pavement Rehabilitation Phase 2. As part of the grant process, an independent fee estimate (IFE) is required from a separate consulting firm. Staff requested Independent Fee Estimates to perform the required review of this project.

The IFE Spreadsheet is provided as Attachment 2. Staff has found that the Mead and Hunt, Inc. total project

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costs are higher than the independent fee estimate. Staff has discussed this with Mead and Hunt, Inc. and have determined that the independent fee estimate was lower due to the assumption that only staff from the Sonoma County office would be working on this project. Due to the specialized nature of FAA projects, Mead and Hunt, Inc. will be required to bring in staff from other offices. The cost of Mead and Hunt, Inc.'s contract is included in the total cost of the grant.

Project Administration and Inspection Grant Estimate: $242,246.90 Independent Fee Estimate Project Cost: $133,391.75 (Attachment 2 Independent Fee Estimate (IFE) Mead and Hunt, Inc.'s Total Project Cost:$242,246.90
Staff will be reviewing the cost difference with the FAA prior to executing the agreement with Mead and Hunt, Inc. Thus, staff is requesting City Manager authorization to execute the contract with Mead and Hunt, Inc. contingent on approval from the FAA.

As part of the recommended action, a budget adjustment for the whole project needs to be approved, to align the budget with known costs to date.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 77825200.80320.18032: $2,731,706 ; 7700000.43299.18032 (FAA Grant):
$2,258.536 ; 77800000.43173.18032 (Caltrans Grant): $112,926 PROPOSED BUDGET AMOUNT: 77825200.80230.18032: $2,713,256; 7700000.43299.18032 (FAA Grant):
$2,441,931
FINANCING SOURCE: FAA Grant, Caltrans Grant, and Airport Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager

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Exhibit A

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx City of Ukiah

UKIAH MUNICIPAL AIRPORT
Construction Administration Scope of Services
for
Runway 15-33 MIRL, FAA PAPI and REIL Installation Phase 2 FAA AIP No.: 3-06-0268-020-2022
October 18, 2022 (Final)

PROJECT DESCRIPTION
This Scope of Services details the Construction Administration (CA) services to be provided by Mead & Hunt, Inc. (CONSULTANT) for the Runway 15-33 MIRL, FAA PAPI and REIL Installation, Phase 2 (Project) at the Ukiah Municipal Airport (Airport) for the City of Ukiah (SPONSOR). Work for this Project will be funded by the Federal Aviation Administration (FAA) under the Airport Improvement Program (AIP) Grant No. 3-06-0268-020-2022 and is subject to compliance with FAA regulations and standards.

Background
The Project is a continuation of the runway width reduction project. In December of 2020, Phase 1 of the Project, which was reconstructing the center 75-foot keel, section was completed. This also included the demolition of Taxiway B and the construction of a new connector taxiway, A2. This construction was completed under FAA AIP Grant No. 3-06-0268-015-2019.

The CONSULTANT submitted the final bid documents for this Project to the SPONSOR on March 2, 2022.

Bid opening occurred on April 14, 2022, and the SPONSOR will subsequently submit a final grant application to the Federal Aviation Administration (FAA) to receive federal funding for the construction of the Project. It is anticipated that the FAA will award the construction grant in the summer or early fall of 2022, in advance of the SPONSOR issuing the Notice to Proceed (NTP) for this scope of work. The estimated cost of construction is $2,089,540.00.

Project Elements
The Project will consist of the following elements:

Schedule 1: Runway 15-33 Width Reduction:
a) Installation of new LED Medium Intensity Runway Lights b) Installation of new LED Medium Intensity Taxiway Lights c) Installation of new LED Threshold Lights
d) Installation of new LED Guidance Signs
e) Installation of new CCR in Existing Vault
f) New conduit and cable for Runway and Taxiway Homerun g) New Runway Pavement Markings

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Ukiah Municipal Airport Rwy 15-33 MIRLs, FAA PAPI and REILs Construction Administration Scope of Services
October 18, 2022 Final

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx Schedule 2: New FAA LED REILs and New FAA LED PAPI:
a) Installation of Runway 15 LED REILs
b) Installation of Runway 33 LED REILs
c) Demolition of Existing FAA VASIs
d) Installation of New LED Precision Approach Path Indicator Project Duration
The Project has been divided into two Elements: 1) Mobilization and 2) Construction as detailed in the Construction Safety and Phasing Plan (CSPP). The SPONSOR will issue separate NTPs to the Contractor for the Mobilization Element and the Construction Element. The NTP for the Construction Element will not be issued until the Mobilization Element is complete and the Contractor-provided Safety Plan Compliance Document (SPCD) is approved by the SPONSOR. The anticipated Project duration is as follows:

Project Element Duration
Mobilization 30 Working Days
Construction Schedules 1 & 2 30 Working Days
Total 60 Working Days
Project Team
the CONSULTANT Under the supervision of a Senior Project Engineer, will assign a Project Manager (PM) to this Project to monitor continuity through the phases of work, as described in this scope. The PM will be responsible for the overall administration and review of construction progress, as well as coordination of the team and subconsultant staff. Specific Project management tasks are detailed within each phase of work as described in this Scope of Services.

The CONSULTANT will also assign a Project Construction Observer (CO) to oversee the day-to-day construction activities. The CO will be on the jobsite with the Contractor and will document work performed and monitor conformance with the Project Plans and Specifications. The CO will also coordinate material testing with CON . CO responsibilities are detailed in Phase 3 of this scope of work.

The CONSULTANT team will also consist of Project Engineers, Engineer III, II, and I designers, Technician II, construction observers, and administrative and clerical staff as needed to perform the tasks in this scope of work.

The CONSULTANT will perform material testing and CA services for the Project.

SCOPE OF SERVICES
T follows (and so referenced throughout
this scope):
1) Phase 1 Pre-Construction Services
2) Phase 2 Construction Administration Services
3) Phase 3 Construction Observation
4) Phase 4 Material Testing
5) Phase 5 Post-Construction Services

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Ukiah Municipal Airport Rwy 15-33 MIRLs, FAA PAPI and REILs Construction Administration Scope of Services
October 18, 2022 Final

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx PHASE 1 PRE-CONSTRUCTION SERVICES

1.1 PHASE 1 PROJECT MANAGEMENT AND COORDINATION
Project management tasks during Phase 1 will consist of the following:

1.1.1 Prepare Contract and Project Setup
The Senior Project Engineer, the PM, engineering and technical support and administrative staff will prepare the contract between the CONSULTANT and the SPONSOR. Administrative staff will also setup the internal Project database for finance tracking, and internal Project directory for saving CA files.

1.1.2 Prepare Schedule
The PM will prepare, and the Project Engineer will review, a coordination schedule upon receiving the Notice to Proceed (NTP) from the SPONSOR. This schedule will only show major milestones to facilitate overall coordination of the Project. The Contractor will be responsible for submitting a detailed construction schedule with work activities.

1.1.3 Prepare Project Management Plan (PMP)
The PM will prepare a PMP that will address the following Project elements: Vision and Objectives, Project Team Roles and Responsibilities, Document Distribution Plan, Communications Plan, Quality Control Plan, and Change Management Plan. The PM will use the PMP as a tracking tool for the various elements throughout the Project.

1.1.4 Coordinate CONSULTANT Team
The PM and Senior Project Engineer will assign team members to the Project for office CA activities and assign a CO to the Project for day-to-day field observation activities.

The PM will coordinate with the CO to plan for construction activities and identify additional team members if needed to support the CO.

1.1.5 Coordinate Subconsultant(s) NIC1

1.1.6 Prepare Invoices
The PM will maintain a Project budget table to track costs on a monthly basis. At the beginning of each month, the PM will review accrued costs from the previous month and work with accounting staff to prepare invoices for the SPONSOR. The invoices will be submitted in accordance with the SPONSOR e
invoices will include detailed cost breakdowns referencing the items in this scope of work and indicate percent complete for each item. It is anticipated that one (1) invoice will be prepared during the Phase 1 Pre-Construction services of this scope.

1.2 PHASE 1 PROJECT MEETINGS AND COMMUNICATION
The CONSULTANT will participate in various meetings and calls during Phase 1. Meetings and communication items will be as follows:

1.2.1 Pre-Construction Conference
The CONSULTANT will arrange for and conduct the pre-construction conference. The purpose of this conference is to review FAA and Project-specific requirements prior to commencing construction. The conference is anticipated to be conducted at the Airport and will be attended by the CONSULTANT, SPONSOR, representatives of FAA Airports 1 NIC = Not in Contract

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Ukiah Municipal Airport Rwy 15-33 MIRLs, FAA PAPI and REILs Construction Administration Scope of Services
October 18, 2022 Final

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx District Office (if possible), Contractor, subcontractors, and Airport tenants affected by construction. The conference will include the following sub-tasks:
a. The CONSULTANT will schedule the conference and prepare an agenda to support the meeting, as well as presentation material to illustrate the Project work areas. b. The CONSULTANT will obtain and review the Project construction schedules from the Contractor prior to presentation at the pre-construction conference. The SPONSOR will be provided with copies of the construction schedules. c. The CONSULTANT will preside at the pre-construction conference, prepare a record of the conference, submit meeting minutes to the SPONSOR for review and comment, and distribute the final meeting minutes to attendees. Up to two (2) members from CONSULTANT team will attend (anticipated to consist of PM and CO).

1.2.2 Quality Control (QC) / Quality Assurance (QA) Workshop The CONSULTANT team will attend and the contractor will conduct a QC/QA workshop in accordance with Project Specification Item C-100. The QC/QA workshop will be coordinated to occur during the pre-construction conference. A separate meeting agenda and minutes will be prepared for the QC/QA workshop. The meeting will be attended by the CONSULTANT team, SPONSOR, representatives of FAA Airports District Office (if Up to three
(3) members from the CONSULTANT team will attend (anticipated to consist of PM, Senior Engineer, and CO).

1.2.3 General Communication with SPONSOR and Contractor The CONSULTANT will communicate with the SPONSOR and Contractor throughout Phase 1 as needed via phone calls or email in addition to the meetings listed herein. One hour each per week is anticipated.

1.3 PREPARE PROJECT DOCUMENTATION
The CONSULTANT will review / prepare the following Project documentation:
a. The CONSULTANT will review the construction contract, which will include checking that the Contractor has met the Disadvantaged Business Enterprise (DBE) goal or made a good-faith effort towards meeting the goal, and that the Contractor has provided proof of insurance and the required bonds.
b. The CONSULTANT will assist the SPONSOR in preparing NTP letters for both the Mobilization and Construction elements.
c. The CONSULTANT will setup templates for Project documentation on CONSULTANT standard forms or SPONSOR-provided forms as applicable. Documentation will include, but is not limited to, submittal review forms, weekly FAA reports, weekly charged working day reports, RFIs, RFCPs, field directives, contract change orders, non-compliance notices, and applications for payment.
d. The CONSULTANT will provide the Contractor with CAD files if requested (upon receipt of CONSULTANT-provided disclaimer form signed by Contractor).

1.4 REVIEW MATERIAL SUBMITTALS FOR COMPLIANCE
The CONSULTANT will review Contractor-submitted material cut sheets, mix designs, shop drawings, and certificates for compliance with Plans and Specifications. It is expected that up to

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1.5 PREPARE CONSTRUCTION MANAGEMENT PLAN (CMP)
The CONSULTANT will obtain the Contractor's QC Plan and will subsequently prepare the CMP.

The CMP combines data from the QC Plan with information of Project responsibilities from the SPONSOR and CONSULTANT. The CMP will outline the submittal requirements and materials testing requirements, as set forth in the construction documents and contained in FAA Advisory Circular (AC) 150/5370-10H, Standard Specifications for Construction of Airports. The CMP will summarize the types and frequency of testing required for quality acceptance, in addition to the credentials of those performing the testing. A preliminary copy of the CMP will be submitted to the SPONSOR and FAA for approval. After SPONSOR and FAA review, the CMP will be revised if needed, and issued to the Contractor for use during the Project.

PHASE 1 DELIVERABLES
1) Pre-Construction Conference Meeting Minutes electronic files to SPONSOR and attendees 2) QC/QA Workshop Meeting Minutes electronic files to SPONSOR and attendees 3) Review of Contractor Submittals electronic files to SPONSOR and Contractor 4) CMP electronic files to SPONSOR, FAA, and Contractor PHASE 2 CONSTRUCTION ADMINISTRATION (CA) SERVICES

2.1 PHASE 2 PROJECT MANAGEMENT AND COORDINATION
Project management tasks during Phase 2 will consist of the following:

2.1.1 Update Schedule
The schedule created during Phase 1 will be updated throughout construction as necessary, based on actual milestones completed.

2.1.2 Coordinate PMP Updates
The PM will continue to coordinate and monitor PMP during Phase 2.

2.1.3 Coordinate CONSULTANT Team
The PM will assign responsibilities to office staff to complete the documentation efforts described herein. The PM will also communicate with the CO on a regular basis to monitor progress in the field. As part of this effort, the PM will create and maintain a detailed construction checklist for the CO to keep track of action items, quantities, production rates, and contractor compliance with Plans and Specifications. The PM will also review daily reports prepared by the CO.

2.1.4 Coordinate Subconsultant - NIC
No subconsultants will be required. The PM will coordinate and schedule site visits for tests by the CONSULTANT to perform QA testing.

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2.1.5 Prepare Invoices
The PM will continue to maintain the Project budget table and prepare invoices as defined in Phase 1. It is anticipated that three (3) invoices will be prepared during Phase 2.

2.2 PHASE 2 PROJECT MEETINGS AND COMMUNICATION
The CONSULTANT will participate in various meetings and calls during Phase 2. Meetings and communication items will be as follows:

2.2.1 Weekly Construction Progress Meetings
The CONSULTANT will conduct weekly meetings with the SPONSOR and Contractor to discuss safety, schedule, work progress, action items, documentation, and other items as needed to keep construction on track. FAA representatives may also attend some of the meetings if appropriate. Up to five (5) meetings are anticipated during Phase 2. The meetings are anticipated to be held in-person at a location near the job site. The CO will attend each meeting in-person (as stated in Phase 3). The PM will also attend each meeting, either in-person or virtually as appropriate for the work being performed that week. The CONSULTANT will prepare an agenda and minutes to support each meeting.

2.2.2 Site Visits During Construction
The CONSULTANT will conduct periodic site visits to review Project progress and monitor construction activities through substantial completion of the Construction Element. Up to five (5) site visits are anticipated during Phase 2. Up to two (2) members from the CONSULTANT team will attend each site visit (anticipated to consist of PM and Engineer I).

2.2.3 General Communication with SPONSOR and Contractor The CONSULTANT will communicate with the SPONSOR and Contractor throughout Phase 2 as needed via phone calls or email in addition to the meetings listed herein.

2.3 WEEKLY WORKING-DAY REPORTS
The CONSULTANT will prepare weekly working-day reports tracking contract time and submit to the Contractor for review. The reports will include days charged and documented weather, as well as identification of days not charged due to inclement weather or other justified delays. Up to nine (9) weekly working-day reports are anticipated for the Project.

2.4 WEEKLY FAA PROGRESS REPORTS
The CONSULTANT will prepare weekly FAA reports documenting the progress of the Project. The reports will be based on FAA form 5370-1, Construction Progress and Inspection Report, and include days charged, weather summary, percent completion, work in progress for current week and following week, summary of material testing, and problem areas if applicable. The CONSULTANT will also attach photographs documenting work completed. The CONSULTANT will sign each report and send to FAA. Up to five (5) weekly FAA progress reports are anticipated for the Project.

2.5 REQUESTS FOR INFORMATION (RFIs)
The CONSULTANT will prepare written responses, as necessary, to Contractor RFIs to clarify design intent. Depending on the RFI, the response may require review of documentation not

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2.6 GENERAL FIELD COORDINATION
In addition to formal RFIs, the CONSULTANT will respond to various questions and concerns that arise in the field. Depending on the issue, the response may require review of documentation not included in the Contract Documents, as well as coordination with and review by additional CONSULTANT staff, SPONSOR, or FAA.

2.7 REQUESTS FOR COST PROPOSALS (RFCPs)
The CONSULTANT will prepare RFCPs if additional work is anticipated or desired, either due to unforeseen site conditions, SPONSOR request for additional work, or other reasons as applicable.

The RFCP(s) will include a description of change, quantity estimates, and exhibits as needed to illustrate the change. The CONSULTANT will send the RFCP to the Contractor to provide a cost proposal. The CONSULTANT and the SPONSOR will then review the cost proposal to determine if it is reasonable and follow up with negotiations, as necessary. The CONSULTANT will communicate the proposed change and cost to the FAA for their concurrence prior to authorizing the work. Depending on the determination, the CONSULTANT will prepare a field directive or change order as described below. Up to two (2) RFCPs are anticipated for this Project.

2.8 FIELD DIRECTIVES
The CONSULTANT will prepare field directives as necessary to formalize direction that is not otherwise stated in the Project Plans or Specifications, or in a response to an RFI. Following the RFCP process above, the CONSULTANT will prepare a field directive authorizing the Contractor to proceed with work as described. The field directive will include a description of change, quantity estimates, and the related RFCP as applicable. If the field directive results in a change of quantities or cost, it will be followed with a change order as described below. Up to two (2) field directives are anticipated for the Project.

2.9 CONTRACT CHANGE ORDERS (CCOs)
Following the RFCP and field directive processes, the CONSULTANT will prepare CCOs to formalize the change to the Contract cost. The CCO will consist of a CONSULTANT-prepared form that follows the guidance of FAA Standard Operating Procedure (SOP) 7.00, Airport Improvement Program Construction Project Change Orders. The form will include a table of the bid items that changed in quantity, or new bid items that were created to capture the CCO cost. The form will also include additional pages containing the FAA-required justification items in accordance with SOP

7.00. Documentation to support the CCO will be attached to the form, including but not limited to RFCPs, field directives, Contractor time-and-expense reports, emails, and exhibits. CCOs will be submitted to the SPONSOR and Contractor for review and signature and then be submitted to the FAA by the CONSULTANT or the SPONSOR. CCOs that require new design elements are not included in this scope of services. Up to two (2) CCOs are anticipated for the Project.

2.10 REVIEW OF QC/QA TEST RESULTS
The CONSULTANT will review test results provided by the Contractor to determine conformance with the Project Plans and Specifications. If test results are failing, the CONSULTANT will coordinate with the SPONSOR and Contractor to establish corrective actions. Depending on the

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2.11 CERTIFIED PAYROLL AND DAVIS BACON REQUIREMENTS
The Federal Contract Provisions require that payroll and basic records relating to the Project be maintained and comply with the Davis-Bacon Act Requirements (2 CFR § 200, Appendix II(D), 29 CFR Part 5). Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of fringe benefits or cash equivalents); daily and weekly number of hours worked; deductions made; and actual wages paid.

The Contractor is responsible for the submission of copies of payrolls for all employees as well as all subcontractors. Contractor will submit these documents to the CONSULTANT. Documents to be provided include:
a. Fringe Benefits Statement
b. Certified Payroll Wage Hour Report
c. Statement of compliance
d. Non-performance week(s) documentation
The CONSULTANT will review Contractor-submitted payroll reports and monitor compliance with paying employees per the Davis-Bacon Act requirements. Up to ten (10) weeks of payroll reports are anticipated.

CONSULTANT will review up to two reports of each Contractor-submitted certified payroll. If more than two reviews are required due to lack of information or incorrect information, the Contractor shall be responsible for additional costs incurred. (Certified payroll must be submitted, reviewed, and accepted prior to payment to Contractor each month.)

2.12 MONTHLY APPLICATIONS FOR PAYMENT
The CONSULTANT will track quantities on a weekly basis, based on CO daily reports, and share with the Contractor for concurrence. At the beginning of each month, the CONSULTANT will review progress billings submitted by the Contractor, prepare applications for payment using CONSULTANT standard forms, and submit to the SPONSOR for processing. The CONSULTANT will maintain a tracking spreadsheet with the bid items, showing work complete for previous periods, current period, and total to date. This spreadsheet will be attached to the application for payment each month. An explanation of variation between the contract and pay quantities (if any) will be provided. Up to four (4) applications for payment are anticipated for the Project.

2.13 SUBSTANTIAL COMPLETION WALK-THROUGH AND DOCUMENTATION

2.13.1 Substantial Completion Walk-Through
The CONSULTANT will schedule and conduct a walk-through with the SPONSOR and the Contractor to determine whether the Project has reached substantial completion and verify that the work is in accordance with the Plans and Specifications. The CONSULTANT will document items found to be deficient and will provide the Contractor with a list of those items. The walk-through will be scheduled to occur near the end of construction when the Contractor is still on-site and can easily mobilize to complete punch list items. The PM and the CO will attend the walk-through (CO attendance as described

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2.13.2 Punch List and Substantial Completion Letter
The CONSULTANT will prepare and maintain a punch list to include the deficient items discovered prior to, during, and after the substantial completion walk-through. The PM will coordinate with the CO to identify punch list items in advance of the walk-through and will continue to add and update items as they are identified and completed. The CONSULTANT will send each punch list update to the SPONSOR and Contractor. Upon completion of the walk-through, the CONSULTANT will prepare a substantial completion letter summarizing the findings of the walk-through and outstanding items remaining for Project closeout; the letter will include the current version of the punch list items. The CONSULTANT will submit this letter to the SPONSOR and Contractor.

PHASE 2 DELIVERABLES
1) Weekly Construction Progress Meeting Minutes electronic files to attendees 2) Weekly Working-Day Reports electronic files to the SPONSOR and Contractor 3) Weekly FAA Progress Reports electronic files to the SPONSOR and FAA 4) RFI Responses electronic files to the SPONSOR and Contractor 5) RFCPs electronic files to the SPONSOR and Contractor 6) Field Directives electronic files to the SPONSOR and Contractor 7) CCOs electronic files to the SPONSOR, Contractor, and FAA 8) Monthly Applications for Payment electronic files to the SPONSOR 9) Punch List and Substantial Completion Letter electronic files to SPONSOR and Contractor PHASE 3 CONSTRUCTION OBSERVATION

3.1 DAILY CONSTRUCTION OBSERVATION
This task will include construction observation, coordination of material testing during construction, and on-site construction administration for the duration of the Project. A full-time CO will be assigned to this Project. The CO will have experience with civil improvement projects as required for the Project. The CO will work with the PM to oversee the construction progress throughout the Project. The duration for the Construction Element is anticipated to be 60 contractual working days (split into 2 phases as stated in the Project Duration section). The budget for construction observation has been developed based upon the Contractor working 22 shifts, with a 10.0-hour workday; two additional days were allotted for the CO, one day at the beginning and one day at the end of construction for set-up and clean-up, for a total of 24 shifts.

It is anticipated that the CO will need support during key-work activities (such as electrical activation of lights, PAPI, REILs). The PM will designate a supporting Construction Observer (CO) as necessary to support the CO in the field. Up to four shifts are anticipated for the supporting CO, in addition to the 24 shifts for the CO.

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx The CO and supporting CO will perform construction observation services including (as applicable), but not limited to, the following:
a. Prepare daily reports to record the construction history of the Project. The reports will be made available to the SPONSOR upon request for review during inspections or visits. The daily reports will include, but not be limited to, the following information: weather conditions, number of Contractor / subcontractor personnel and major equipment onsite, general location of work, description of work items, estimated quantities, safety items, materials delivered, delays / issues (if applicable), QC/QA tests performed, failed tests (if any) and action taken, instructions to Contractors, record of visitors to Project and verbal or written instructions given, record of telephone conversations and any verbal instructions received or authorizations granted, engineering field force activity and hours worked, and detailed log of work completed throughout the day.
b. Review and check layout and surveys conducted by the Contractor in accordance with the Plans and Specifications.
c. Check construction activities for compliance with Plans and Specifications. d. Respond to Contractor questions that arise in the field and communicate with PM to coordinate direction.
e. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor.
f. modifications to Plans or Specifications and report
those suggestions to the SPONSOR and PM.
g. Acquire field measurements.
h. CSPP and immediately bring any non-compliance
issues to the attention of the Contractor and the SPONSOR. i. QC Program.
j. Assist PM in coordinating QA testing as stated in Phase 4. Communicate with Contractor to facilitate the scheduling of QC testing.
k. Attend weekly construction progress meetings as stated in Phase 2. l. Provide field information for office staff to prepare weekly FAA progress reports as stated in Phase 2.
m. Conduct labor interviews to , in
accordance with the Davis-Bacon Act requirements, and provide to office staff for certified payroll review as stated in Phase 2.
n. Provide field information for office staff to prepare RFCPs, field directives, and CCOs as stated in Phase 2.
o. Assist in preparing applications for payment as described in Phase 2. Throughout construction, the CO and CO will check quantities as work is performed and communicate with the Contractor to establish quantities that will be included in monthly progress billings. p. Work with Contractor to markup construction Plans with field changes if applicable and provide to office staff to prepare Record Drawings as described in Phase 5. q. Receive from Contractor and review the required maintenance and operating instructions, schedules, guarantees, bonds, inspection certificates, tests, approvals, and other relevant documents.

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s. Attend the substantial completion walk-through as stated in Phase 2.

PHASE 4 MATERIAL TESTING

4.1 MATERIAL TESTING
The material testing services will be performed by the Contractor in conformance with the Project Quality Control Specifications. The CONSULTANT will be responsible for coordinating and scheduling QA by material testing witnessing throughout the construction duration.

CONSULTANT will provide an Electrical Senior Engineer to witness the necessary quality control tests performed by the Contractor in accordance with the cited requirements and standard methods of FAA, ASTM, and AASHTO; record test results on the appropriate forms; prepare a summary and disposition of testing and material inspection; record deviating tests; conduct random material observations and compare against product submittals required by the FAA and observe and evaluate such tests made by the Contractor in the field, as necessary, in accordance with Plans and Specifications. CONSULTANT to provide copies of test reports to the SPONSOR of -compliance issues shall
immediately be reported to the Contractor and SPONSOR.

This scope assumes the following material testing and construction administration support by CONSULTANT:
a. Review Contractor-submitted QC Program.
b. Attend pre-construction conference and QC/QA workshop. c. Conduct site observations, provide recommendations, and perform testing observations for the following Items as described in the Project Specifications:
(1) Item SP1-2.5, 10kW CCR:

Visit site to observe condition of connections and functioning of the lights at multiple settings.
(2) Item L-108, Underground Power Cables for Airports, Section 108-2.9:
5kV Reel, before and after whole circuit testing, insulation testing, earth resistance testing for ground rods and counterpoise.
(3) Item L-110, Airport Underground Electrical Duct Banks and Conduits:

Review plastic conduit, fittings and detectable warning tape to meeting specifications.

Compaction testing for soils, aggregates, and pavement. (4) Item L-125, Installation of Airport Lighting System:

Electrical grounding and circuit testing.
(5) Prepare final QA report including the tests performed herein.

PHASE 4 DELIVERABLES
1) Quality Acceptance Reports Electronic files to SPONSOR and Contractor

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5.1 PHASE 5 PROJECT MANAGEMENT
Project management tasks during Phase 5 will consist of the following:

5.1.1 Update Schedule
The schedule created during Phase 1 will be updated to show Project closeout milestones.

5.1.2 Coordinate PMP Updates
The PM will continue to coordinate and monitor PMP during Phase 5.

5.1.3 Coordinate CONSULTANT Team
The PM will assign responsibilities to office staff to complete the documentation efforts described herein. The PM will also coordinate with the CO for providing field data to complete the documentation efforts described herein.

5.1.4 Coordinate QA
The PM will coordinate to complete final QA report.

5.1.5 Prepare Invoices
The PM will continue to maintain the Project budget table and prepare invoices as defined in Phase 1. It is anticipated that three (3) invoices will be prepared during Phase 5.

5.2 PHASE 5 COMMUNICATION
The CONSULTANT will communicate with the SPONSOR and Contractor throughout Phase 5 as needed via phone call or email.

5.3 RECORD DRAWINGS
The CO and Contractor will coordinate throughout construction to document field constructed conditions and markup the construction Plans as stated in Phase 3. Upon completion of construction, the CONSULTANT will prepare the Record Drawings using AutoCAD Civil 3D 2020, by updating the drawing files created during design. The Drawings will become record information.

The CONSULTANT will provide the SPONSOR with a set of reproducible Record Drawings in both digital and hardcopy format, as requested.

5.4 FINAL CONSTRUCTION REPORT (FCR)
Upon completion of construction, the CONSULTANT will prepare and assemble the FCR in conformance with FAA standards and requirements. The contents of the report will include, but are not limited to, the following:
a. Project Description and Overview
b. Project Personnel
c. Contract Award and NTP (Including Bid Tabulation, Contract, and NTP Letters as Appendices) d. Project Timeline
e. Summary of Work Accomplished (Including Table of Work Activities and Weeks Performed, as well as weekly FAA progress reports as Appendix)
f. Contract Time
g. Labor Provisions

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i. Consultant Costs
j. Force Account (if applicable)
k. Construction Costs (including Final Application for Payment and CCOs as Appendices) l. Summary of DBE Utilization (including DBE Utilization Form as Appendix) m. Buy American Provisions (including Submittal Checklist as Appendix) n. Construction Material Testing and Acceptance (including QC and QA Test Results as Appendices)
o. including Letter of Completion and
Warranty as Appendix)
p. Record of Completion (including Substantial Completion Letter and SPONSOR Notice of Completion as Appendices)
q. FAA-Required Sponsor Certification of Final Construction Acceptance as Appendix. This certification shall be signed by the SPONSOR.
r. Recommendations
The CONSULTANT will coordinate with the Contractor, SPONSOR, and FAA to complete Project closeout activities and assemble the documents to be included in the FCR. The CONSULTANT will submit a draft version of the FCR for SPONSOR review. Upon receipt of SPONSOR review / comments, the CONSULTANT will finalize the FCR and submit to the SPONSOR and FAA.

5.5 AIRPORT LAYOUT PLAN (ALP) RECORD DRAWING UPDATE NIC The Project does not include any elements that would apply to an ALP Record Drawing update.

5.6 UPDATE AIRFIELD PAVEMENT MANAGEMENT SYSTEM (APMS) - NIC The CONSULTANT will not update the current APMS previously prepared. This Project does not impact pavement conditions. It is anticipated that a complete APMS update will be performed under a future contract.

5.7 UPDATE AIRFIELD SIGNAGE AND MARKING PLAN NIC
An airfield signage and marking plan is not required for this Airport.

5.8 AGIS AS-BUILT SURVEY NIC
Due to the nature of Project improvements, an AGIS survey will not be performed as part of this Project.

PHASE 5 DELIVERABLES
1) Record Drawings reproducible hardcopy and electronic files to SPONSOR 2) FCR three (3) bound copies to SPONSOR and electronic file to SPONSOR and FAA

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SCHEDULE OF COMPLETION
Phases 1-4
The CONSULTANT will complete the work called for under Phases 1-4 on a schedule submitted by the Contractor and approved by the SPONSOR not to exceed 60 working days.

Phase 5
The CONSULTANT will complete the work called for under Phase 5 within 30 working days of the receipt of a copy of the Notice of Completion filed by the SPONSOR.

SERVICES TO BE PROVIDED BY THE SPONSOR AND EXCLUDED SERVICES The SPONSOR and CONSULTANT agree that the following items will be provided by the SPONSOR or excluded from this scope and, if added to the CONSULTANT , will be considered as extra services and a negotiated fee will be established, and an Amendment prepared:
1) Issuing of Notices to Airmen (NOTAMs) and announcements regarding the impact of the Project on aviation activities.
2) Guaranteed access to and make provisions for the CONSULTANT to enter the Airport as required for the CONSULTANT to perform his work under this Agreement. 3) Examination of documents requested by the SPONSOR and presented by the CONSULTANT and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the CONSULTANT.
4) Contract change orders that require new design elements beyond the scope of the awarded contract. 5) Extensions of construction time beyond the awarded contract timeframes. 6) FAA grant reimbursement submission.
7) Filing of Notice of Completion to the FAA.

COMPENSATION FOR SERVICES
1) The total amount for services described in this Scope of Services is Two Hundred Forty-two Thousand Two Hundred Forty-six Dollars and Ninety Cents ($242,246.90). This fee includes labor, materials, expenses, and incidentals necessary to complete the work as described herein. Cost and payment are broken out as follows:
a. Lump Sum: Payment for work outlined in Phases 1 and 5 of this Scope of Services shall be made on a lump sum basis in the amount of Seventy-nine Thousand Five Hundred Seventyeight Dollars and Eighteen Cents ($79,578.18). Payments will be made monthly based on the percentage of work complete.
b. Time-and-expense: Payment for work outlined in Phases 2, 3, and 4 of this Scope of Services shall be made on a time-and-expense basis not to exceed One Hundred Sixty-two Thousand Six Hundred Sixty-eight Dollars and Seventy-two Cents ($162,668.72). Payments will be made monthly based on the hours of work complete, in conformance with the Mead & Hunt, Inc.

Standard Billing Rate Schedule, effective January 1, 2022, included as Attachment 2.

These amounts shall not be exceeded without written authorization from the SPONSOR. The cost breakdown is included as Attachment 1 to this Scope.

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October 18, 2022 Final

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\\corp.meadhunt.com\sharedfolders\entp\2112200\192335.02\CFEE\Proposal\UKI Runway 15-33 Phase 2 PAPIs and REILs Construction Admin Scope_Final_10-18-22.docx 2) Payment for any additional services requested by the SPONSOR will be performed on a time-andexpense basis in conformance with the Mead & Hunt, Inc. Standard Billing Rate Schedule, effective January 1, 2022, included as Attachment 2. The CONSULTANT will establish the budget for additional services prior to the start of work and may not exceed the budget without written authorization from the SPONSOR. Any additional services must be authorized in writing by the SPONSOR.

End of Scope of Services
Respectfully submitted by,
MEAD & HUNT, Inc.

Robert Casagrande
Senior Project Engineer
Attachments
Attachment 1 Construction Administration Cost Estimate
Attachment 2 - Mead & Hunt, Inc. Standard Billing Rate Schedule (2022)

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MEAD & HUNT, Inc.

Standard Billing Rate Schedule
Effective January 2022
Standard Billing Rates
Clerical ............................................................................................................................................... $90.00 / hour Technical Editor ................................................................................................................................. $123.00 / hour Senior Editor ...................................................................................................................................... $180.00 / hour Registered Land Surveyor ................................................................................................................. $140.00 / hour Accounting, Administrative Assistant ................................................................................................. $115.00 / hour Technician I, Technical Writer ........................................................................................................... $107.00 / hour Technician II, Surveyor - Instrument Person ..................................................................................... $124.00 / hour Technician III ...................................................................................................................................... $144.00 / hour Technician IV .................................................................................................................................... $151.00 / hour Senior Technician .............................................................................................................................. $189.00 / hour Engineer I, Scientist I, Architect I, Interior Designer I, Planner I ....................................................... $136.00 / hour Engineer II, Scientist II, Architect II, Interior Designer II, Planner II ................................................... $151.00 / hour Engineer III, Scientist III, Architect III, Interior Designer III, Planner III ............................................. $163.00 / hour Construction Resident Project Representative (RPR) ...................................................................... $172.00 / hour Senior Engineer, Senior Scientist, Senior Architect, Senior Interior Designer, Senior Planner, Senior Economist .............................................................................................................................. $210.00 / hour Project Engineer, Project Scientist, Project Architect, Project Interior Designer, Project Planner .... $221.00 / hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Interior Designer, Senior Project Planner ................................................................... $261.00 / hour Senior Associate, Principal, Senior Client / Project Manager ............................................................ $337.00 / hour Expenses
Geographic Information or GPS Systems ........................................................................................ $100.00 / day Total Station Survey Equipment ....................................................................................................... $110.00 / day Charges for other equipment may appear in a proposal
Out-Of-Pocket Direct Job Expenses ................................................................................................. cost plus 15% Such as reproductions, sub-consultants / contractors, etc.

Travel Expense
Company or Personal Car Mileage................................................................................................... $ IRS rate / mile* * Rates will be charged at Current IRS rate
Air and Surface Transportation ......................................................................................................... cost plus 15% Lodging and Sustenance .................................................................................................................. cost plus 15% Billing and Payment
Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office.

Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice.

This schedule of billing rates is effective January 1, 2022, and will remain in effect until December 31, 2022, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases.

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Independent Fee Estimate
Ukiah Municipal Airport
PHASES and TASKS
Senior Associate
Senior Project
Engineer
Project Engineer
(Civil or Electrical)
Senior Engineer /
Project Manager
Engineer III
Engineer II
Engineer I
Technician II /
Const Observer
Administrative
Assistant
Clerical
Mileage
(Per Mile)
Rental Car
(Per Day)
Meals
(Per Diem)
Printing,
Shipping &
Other
Mead & Hunt, Inc. Standard Billing Rates 2022 $340 $260 $220 $205 $165 $150 $135 $125 $115 $85 $0.625 $71 $59.25 1

1.1 Phase 1 Project Management and Coordination

1.1.1 Prepare Contract and Project Setup 1 3 12 1 $ 33.00 $ 3,728.00

1.1.2 Prepare Schedule 0.5 1 $ 335.00

1.1.3 Prepare Project Management Plan (PMP) 1 4 $ 1,080.00

1.1.4 Coordinate CONSULTANT Team 0.5 2 4 $ 1,510.00

1.1.5 Coordinate Subconsultant - NIC $ -

1.1.6 Prepare Invoices - Up to 1 Anticipated 0.5 1 1 $ 450.00

1.2 Phase 1 Project Meetings and Communication

1.2.1 Pre-Construction Conference 6 10 1 8 0.5 120 1 3 $ 29.00 $ 5,155.25

1.2.2 Quality Control (QC) / Quality Assurance (QA) Workshop 1 2 1 $ 795.00

1.2.3 General Communication with SPONSOR and Contractor 2 6 $ 1,750.00

1.3 Prepare Project Documentation 1 3 6 5 $ 2,400.00

1.4 Review Material Submittals - Up to 19 Anticipated 3 6 30 $ 6,510.00

1.5 Prepare Construction Management Plan (CMP) 1 2 4 $ 27.00 $ 1,297.00 Phase 1 Subtotal 1.5 21 0 51 0 41 0 14 2 0.5 120 1 3 $ 89.00 $ 25,010.25

2.1 Phase 2 Project Management and Coordination

2.1.1 Update Schedule 0.5 2 $ 540.00

2.1.2 Coordinate PMP Updates 1 2 $ 670.00

2.1.3 Coordinate CONSULTANT Team 1 3 12 $ 3,580.00

2.1.4 Coordinate Subconsultant - NIC $ -

2.1.5 Prepare Invoices - Up to 3 Anticipated 0.5 1.5 3 3 $ 14.00 $ 1,534.00

2.2 Phase 2 Project Meetings and Communication

2.2.1 Weekly Const Progress Meetings - Up to 5 Anticipated 2.5 35 40 2.5 600 5 10 $ 20.00 $ 15,380.00

2.2.2 Site Visits During Construction - (included in 2.2.1) 0 0 $ -

2.2.3 General Communication with Sponsor and Contractor 6 12 $ 4,020.00

2.3 Weekly Working Day Reports - Up to 9 Anticipated 1.5 4.5 $ 1,312.50

2.4 Weekly FAA Progress Reports - Up to 4 Anticipated 2 5 $ 1,545.00

2.5 Requests for Information (RFIs) - Up to 5 Anticipated 2.5 5 $ 1,675.00

2.6 General Field Coordination 4 10 $ 3,090.00

2.7 Requests for Cost Proposals (RFCPs) - Up to 2 Anticipated 1 4 1 $ 1,230.00 Date:

Total Cost
7/28/2022
Mead & Hunt (labor hours and rates)
Runway 15-33 MIRL, FAA PAPI, and REIL Installation - Phase 2 Expenses
PHASE 1 - PRE-CONSTRUCTION SERVICES
PHASE 2 - CONSTRUCTION ADMINISTRATION SERVICES
IFE Hours & Fees Page 1
Attchment 2

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Total Cost
7/28/2022
Mead & Hunt (labor hours and rates)
Runway 15-33 MIRL, FAA PAPI, and REIL Installation - Phase 2 Expenses

2.8 Field Directives - Up to 2 Anticipated 1 4 1 $ 1,230.00

2.9 Contract Change Orders (CCOs) - Up to 2 Anticipated 2 6 8 $ 31.00 $ 2,981.00

2.10 Review of QC / QA Test Results 1 2 $ 670.00

2.11 Certified Payroll and Davis Bacon items - Up to 10 weeks 5 15 $ 3,050.00

2.12 Monthly Applications for Payment - Up to 4 Anticipated 2 6 10 $ 27.00 $ 3,277.00

2.13 Substantial Completion Walk-Through & Documentation

2.13.1 Substantial Completion Walk-Through 6 120 1 1 $ 1,435.25

2.13.2 Punch List and Substantial Completion Letter 0.5 2 $ 540.00 Phase 2 Subtotal 1.5 32 0 125.5 0 60 15 0 3 2.5 720 6 11 $ 92.00 $ 47,759.75

3.1 Daily Construction Observation 40 240 3920 28 28 $ 41,497.00 Phase 3 Subtotal 0 0 0 0 0 0 40 240 0 0 3920 28 28 $ - $ 41,497.00

4.1 Material Testing - (witness testing) 18 360 3 3 $ 4,305.75 Phase 4 Subtotal 0 0 0 18 0 0 0 0 0 0 360 3 3 $ - $ 4,305.75

5.1 Phase 5 Project Management and Coordination

5.1.1 Update Schedule 0.5 1 $ 335.00

5.1.2 Coordinate PMP Updates 1 2 $ 670.00

5.1.3 Coordinate CONSULTANT Team 0.5 3 5 $ 1,975.00

5.1.4 Coordinate QA 0.5 2 $ 540.00

5.1.5 Prepare Invoices - Up to 3 Anticipated 1.5 3 3 $ 14.00 $ 1,364.00

5.2 Phase 5 Communication 1 4 $ 1,080.00

5.3 Record Drawings 2 6 12 4 1 $ 151.00 $ 4,106.00

5.4 Final Construction Report (FCR) 1 2.5 6 16 1 $ 44.00 $ 4,749.00

5.5 Airport Layout Plan (ALP) Record Drawing Update - NIC $ -

5.6 Update Airfield Pavement Mgmt System (APMS) - NIC $ -

5.7 Update Airfield Signage and Marking Plan - NIC $ -

5.8 AGIS As-Built Survey - NIC $ -
Phase 5 Subtotal 1.5 12 0 29 0 16 12 4 3 2 0 0 0 $ 209.00 $ 14,819.00 TOTAL PROJECT BUDGET $ 133,391.75
PHASE 3 - CONSTRUCTION OBSERVATION
PHASE 4 - MATERIAL TESTING - NIC
PHASE 5 - POST-CONSTRUCTION SERVICES
IFE Hours & Fees Page 2

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Agenda Item No: 7.c.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2120

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of a Budget Amendment for the Ukiah Valley Fire Authority (UVFA) Supplies and Maintenance Accounts.

DEPARTMENT: Finance PREPARED BY: Jessie Brunell, Senior Accountant PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

None
Summary: Council will consider approving amending the budget for the Ukiah Valley Fire Authority (UVFA) building maintenance and supplies accounts.

Background: Furniture purchases and maintenance activities at the North Fire Station located on Lovers Lane were budgeted and intended to be incurred in the prior fiscal year, but were delayed at year-end. Those costs were instead incurred in the current fiscal year, requiring a subsequent budget adjustment.

Discussion: Staff recommends that the City Council approve a budget amendment in the amount of $7,715 for the UVFA building and maintenance account needed to address planned but delayed general maintenance activities at the station and $3,100 for the Ambulance supplies account for new furniture to accommodate recently hired personnel.

BUDGET AMENDMENT REQUIRED: Yes.

CURRENT BUDGET AMOUNT: 10521210.56300: $40,000; 71021100.54100: $9,500 PROPOSED BUDGET AMOUNT: 10521210.56300: $47,715; 71021100.54100: $12,600 FINANCING SOURCE: Departmental Budgetary Surplus from FY 2022 PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO #48106; PO #48104 COORDINATED WITH: Eric Singleton, Battalion Chief; Dan Buffalo, Finance Director

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Agenda Item No: 7.d.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2151

AGENDA SUMMARY REPORT
SUBJECT: Review Landfill Closure Financial Plan Update.

DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Consent Calendar
ATTACHMENTS:

1. Resolution No. 2016-03 - Establishing Funding Closure-Ukiah Solid Waste Disposal

2. Signed Landfill Inflation Form
Summary: The City Council will receive an update on the Financial Plan of 2016 to finance closure, postclosure, and a corrective action plan of the Ukiah Landfill.

Background: The City Council, at its regularly scheduled meeting of January 6, 2016, considered a strategy to provide funding for the ultimate closure, post closure, and Corrective Action Plan (CAP) reserve of the Ukiah Landfill. The strategy was memorialized in the City Council Resolution No. 2016-03 (Attachment 1). The Resolution directs the Finance Director to present to Council, for consideration annually, the condition of the financial plan, with any recommended adjustments.

Discussion: Costs to conduct closure, post-closure, and prepare a corrective action plan have been adjusted by an inflationary index provided by CalRecycle. For 2022 the estimated cost with an assumed inflationary adjustment of 4.1 percent from 2021 is $20,539,939. The change in cost is due to the annual inflation factor provided by CalRecycle. The Finance Department, in coordination with Public Works and the City Manager's Office, continues to revise the City's financing strategy to meet this obligation in full, using a combination of reserves and cash inflows from surcharges collected at the transfer station.

Detail of the calculation and the breakdown by the various categories of closure are included in Attachment 2.

Recommended Action: Receive and file update to the Landfill Closure Financial Plan.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer

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1 RESOLUTION NO. 2016- 03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING

FINANCIAL MECHANISM FOR FUNDING CLOSURE, POST - CLOSURE MAINTENANCE,

AND CORRECTIVE ACTION PLAN FOR CITY OF UKIAH SOLID WASTE DISPOSAL SITE WHEREAS:

1. The City of Ukiah solid waste disposal site ( "Landfill ") located at 3100 Vichy Springs Road, Mendocino County Assessor Parcel No. 178- 130 -01), consisting of a landfill footprint of approximately 40 acres, ceased operations and accepting solid waste in September 2001; and

2. Since September 2001, the City has maintained the Landfill, including monitoring wells surrounding the perimeter of the property and a leachate collection system that captures and disposes of leachate through the City' s sewer system; and

3. Under applicable provisions of the California Public Resources Code and in Title 27 of the California Code of Regulations ( "CCR "), the City is required to adopt a plan for the closure, post - closure maintenance, and corrective actions required for the Landfill; and

4. Pursuant to 27 CCR 21180( a), the City must provide post - closure maintenance and a corrective action plan reserve ( "CAP ") for a thirty -year period after closure; and

5. The cash collected by the City to provide for Closure, Post - Closure Maintenance, and the CAP reserve are reflected in the City' s financial statements as a net position of the disposal site proprietary fund; and

6. The City is scheduled to complete the closure of the landfill ( "Closure ") in accordance with its approved closure plan in 2016; and

7. Recently, new and more costly regulatory requirements relating to Closure have been imposed by the California state agencies with jurisdiction over the Closure. These additional requirements, including installation of a methane gas collection system, would have been imposed, even if the Closure had occurred prior to the imposition of these new requirements; and

8. The most recent engineer's estimates for Closure, including the gas collection system and other additional requirements, indicate that the net proprietary fund for the Landfill is not sufficient to cover all of the costs of Closure, Post - Closure Maintenance, and to establish a CAP reserve; and

9. The City must provide the funding for Closure, Post - Closure Maintenance, and the CAP reserve; and

10. On January 1, 2017, pursuant to the Amended and Restated Transfer Station Agreement Transfer Station Agreement ") between the City of Ukiah and Solid Waste Systems, Inc.

SWS "), dated December 12, 2011, the City is entitled to acquire legal title to the Transfer Station (Transfer Station) located at 3151 Taylor Drive, Ukiah, California, and the City and SWS are obligated to enter a lease under which SWS will continue to operate the transfer station and pay rent ( "Transfer Station Rent ") to the City for the use of the Transfer Station; and 1

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10. Dedicating Transfer Station Rent to fund Closure, Post - Closure Maintenance, and the Cap Reserve as further provided herein will provide a source of revenue to fund those obligations which exceed the disposal site proprietary fund; and

11. Commencing on January 1, 2012, the City adopted a City Surcharge on the Gate Fee at the Transfer Station ( " Surcharge ") to provide a source of revenue in the Landfill /Solid Waste Enterprise Fund for Closure and Post - Closure Maintenance, and the CAP reserve. The Surcharge is currently $ 2. 00 per ton of Solid Waste received at the Transfer Station. The Surcharge is collected by SWS and remitted to the City, where it is recorded as revenue in the Landfill /Solid Waste Enterprise Fund as Closure and Post - Closure Reserve; and

12. Committing the Surcharge at its current level or any future level approved by the City Council will stabilize the Landfill /Solid Waste Enterprise Fund, provide a dedicated source of revenue to comply with the City' s Closure and Post - Closure Maintenance costs, and the establishment and replenishment of the Cap Reserve; and

13. The combination of the disposal site proprietary fund, Transfer Station Rent, and the Surcharge will provide adequate funding for City' s Closure and Post - Closure Maintenance costs, and the establishment and replenishment of the Cap Reserve, provided however, that an increase in the Surcharge may be necessary once the final Closure costs and the method of financing the City' s obligations is determined;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ukiah as follows:

1. Transfer Station Rent is hereby committed to any unfunded Closure costs, Post - Closure Maintenance costs, and the establishment and replenishment of the CAP reserve.

2. There is hereby established a Transfer Station Rents Special Revenue Fund ( Special Revenue Fund) for all Transfer Station Rent revenue which fund is established and dedicated to pay for any Closure costs, Post - Closure Maintenance costs, and the establishment and replenishment of the CAP reserve.

3. Revenue recorded in the Special Reserve Fund shall be given first preference over other revenue sources, other than grants, in funding Closure and Post - Closure Maintenance expenses and CAP reserve requirements that are not funded by the disposal site proprietary fund.

4. Any Closure and Post - Closure Maintenance expenses and CAP reserve requirements not funded by grants, the disposal site proprietary fund, and the Special Revenue Fund shall be funded by the Surcharge.

5. The City Finance Director is hereby directed to prepare for City Council the approval a Financial Plan ( Plan) to extinguish in fifteen years the estimated unfunded Closure and thirty - year Post - Closure Maintenance costs, and the CAP reserve requirements, and present the Surcharge to be applied to the Transfer Station Gate Fee commencing on January 1, 2017. The revised Surcharge shall be submitted to the City Council for approval no later than October 2016. Thereafter, in September of each year, the City Finance Director shall prepare an update of the Plan to fund Closure, Post - Closure Maintenance, and CAP requirements. Any recommended increase or decrease in the Surcharge resulting from the annual update of the Plan shall be presented to the City Council for approval in October, and if approved, will be applied to the Transfer Station Gate Fee immediately following January 1st. 2 1
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1 PASSED AND ADOPTED this 6th day of January 2016, by the following roll call vote:

AYES: Councilmember Crane, Mulheren, Doble, Brown, and Scalmanini.

NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:

Kristine Lawler, City Clerk
Stephen G. Scalmanini, Mayor

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Attachment 2

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Attachment 2

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Attachment 2

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Attachment 2

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Agenda Item No: 7.e.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2153

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for Wahlund Construction Inc. for the Ford and Orchard Lift Station Replacement, Specification 22-02, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Approving Staff Report

2. Notice-of-Completion
Summary: Council will consider approving the Notice of Completion for the Ford and Orchard Lift Station Replacement, Specification 22-02 and approve final payment of the 5% retention to Wahlund Construction Inc.

Background: The Public Works Department has completed the replacement of the mechanical and control equipment of the Ford and Orchard Lift Station. Also included was wet well epoxy coating, site fencing, traffic bollards and underground electric conduit for future development.

Discussion: At the June 1, 2022, City Council meeting Council had awarded the Ford and Orchard Lift Station Replacement to Wahlund Construction Inc. in the amount of $220,775. The contract price was based on the engineer’s estimate provided in the bid package (Attachment 1).

The project cost increased due to additional construction services that were not included in the original contract but were found necessary during the course of project work. This includes additional vault upgrades resulting in a revised total contract amount of $237,613.62.

The contract work was completed in conformance with the Project Plans on October 20, 2022. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 2) is filed with the County Recorder.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122242
COORDINATED WITH: Tim Eriksen, Director of Public Works and Jason Benson, Senior Engineer

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Agenda Item No: 7.i.

MEETING DATE/TIME: 6/1/2022
ITEM NO: 2022-1700

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid to Wahlund Construction, Inc. in the Amount of $220,775 for the Ford and Orchard Lift Station Replacement Specification No. 22-02.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Bid Notice

2. Bid Tabulation

3. Wahlund Bid
Summary: Council will consider awarding a contract to Wahlund Construction in the amount of $220,775 for Ford and Orchard Lift Station Replacement, Specification No. 22-02.

Background: It was determined that the existing lift station at Ford and Orchard that serves the Wagenseller and surrounding communities has begun to fail. Both the pumps and control system are at end of life and need replacement.

In addition to the lift station mechanical and control equipment replacement - and other improvements such as wet well epoxy coating, site fencing, and traffic bollards - Public Works Staff coordinated with the Electric Utility Department and included the installation of new primary underground electric conduits under Orchard Avenue for future development.

Discussion: The City released the bid notice (Attachment 1) in April and interested contractors participated in a bid walk for the project on May 3, 2022. The City received three construction bids for this project on May 18, 2022 (Bid Tabulation is Attachment 2). Wahlund Construction was the low bidder with a bid amount of $220,775.

It is Staff's recommendation to award the bid (Attachment 3) for Specification No. 22-02 for the Ford and Orchard Lift Station Replacement in the amount of $220,775 to Wahlund Construction, Inc.

An internal budget transfer will be performed to link budgeted Electric Utility Department funds to the Project Code associated with the replacement project. (18134)
Recommended Action: Approve award of a contract to Wahlund Construction, Inc. in the amount of $220,775.00 for the Ford and Orchard Lift Station Replacement, Specification No. 22-02.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027221.80100.18134: $200,000 80126100.80230.18034: $0 PROPOSED BUDGET AMOUNT: 84027221.80100.18134: $170,825 80126100.80230.18134: $49,950 (by internal transfer from PC 18044)
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
ATTACHMENT 1

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COORDINATED WITH: Tim Eriksen, Director of Public Works; Cindy Sauers, Electric Utility Director; Jason Benson, Senior Engineer; Sonu Upadhyay, Senior Power Engineer; and Mary Horger, Financial Services Manager.

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Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as: Ford and Orchard Lift Station Replacement, Specification No. 2022-02

2. That the nature of the title to the mechanical and control equipment replacement at the Ford and Orchard Lift Station.

3. That on the 20th day of October 2022, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is Wahlund Construction Inc., PO Box 6486 Eureka, CA 95502

5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the Ford and Orchard Lift Station.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383 ATTACHMENT 2

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Agenda Item No: 7.f.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2166

AGENDA SUMMARY REPORT
SUBJECT: Report of Additional Amount for New 2023 Ford F-150 (All Electric) Lighting Pro Series Crew Cab, and Approve Corresponding Budget Amendment.

DEPARTMENT: Finance PREPARED BY: David Mendez, Buyer II PRESENTER: Neil Davis, Community Services Director
ATTACHMENTS:

1. PO 47870

2. Updated Quote Redwwod Ford
Summary: Council will receive a report regarding the additional funds needed for the purchase of one (1) 2023 Ford F-150 (All Electric) Lighting Pro Series Crew Cab Truck.

Background: On April 20, 2022, City Council approved the purchase of one (1) 2022 Ford F-150 (All Electric) Lightning Pro Series Crew Cab Truck for the amount of $43,729.28 for the Parks Department.

Discussion: Staff issued Purchase Order 47870 (Attachment 1) to Redwood Ford of Ukiah for one (1) 2022 Ford F-150 (All Electric) Lighting Pro Series Crew Cab Truck for the amount of $43,729.28. Following the order placement, Redwood Ford notified the City Staff that the Ford plant had stopped production of the 2022 models. Staff received the updated cost (Attachment 2) from Redwood Ford for the new 2023 Ford F-150 Lighting Pro Series Crew Cab Truck for the amount of $51,158.46. The difference is $7,429.18. A budget amendment is necessary to cover this increase.

Recommended Action: Receive the report, and approve the requested budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10022100.80100.V3765: $0
PROPOSED BUDGET AMOUNT: 10022100.80100.V3765: $7,429.18 FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 47870
COORDINATED WITH: Dave Kirch, Fleet/Plant/Building Maintenance Supervisor; Mary Horger, Financial Services Manager

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Agenda Item No: 7.g.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2167

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Second Contract Amendment with GHD Inc. for Professional Engineering Services for a Future Water Storage Tank Siting Study and Analysis, in the Amount of $20,000.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Contract No. 2021-112

2. Contract No. 2021-112-A1

3. 2022-08-04 Ukiah Tank Siting Study - GHD Proposal
Summary: Council will consider approving a second contract amendment with GHD Inc. for professional engineering services for a future water storage tank siting study and analysis, in the amount of $20,000.

Background: On August 27, 2020, GHD Engineers, Inc began professional engineering services for a siting study for a water storage tank. (Attachment 1). Design work was added to the original agreement for the additional study of two possible tank sites including access, tank water supply and interconnection with existing City utilities (Attachment 2).

Discussion: GHD Inc. performed an initial desktop GIS analysis of potential tank sites which was followed by a detailed planning study that investigated tank types, siting, sizing and hydraulic analysis.

This additional study will look in greater detail at the siting of proposed 1.5 million gallon storage tanks at Site 1 as well as more detail of system operations with higher or lower tanks and, if it is possible, a tank could be sited to match the pressure already existing in Zone 1, eliminating the need for the installation of a booster pump station (Attachment 3).

This second amendment will bring the contract to a not-to-exceed amount of $42,123.89.

Recommended Action: Approve a second contract amendment with GHD Inc. for professional engineering services for a future water storage tank siting study and analysis, in the amount of $20,000.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 82027110.52100: $127,116.46
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021112
COORDINATED WITH: Tim Eriksen, Director of Public Works and Jason Benson, Senior Engineer

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ATTACHMENT 1

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ATTACHMENT 2

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The Power of Commitment
GHD
2235 Mercury Way, Suite 150
Santa Rosa, California 95407
United States
www.ghd.com
Your ref: 2021-112-A1
Our ref: 11217088
August 04, 2022
Tim Eriksen, PE
Director of Public Works/City Engineer
Public Works Department
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482-5400
RE: Proposal for Professional Engineering Services: Siting and Analysis of Water Storage, Pumping and Transmission System
Dear Mr. Eriksen:

GHD is pleased to provide this proposal for professional engineering services for the siting and analysis of new water storage tanks, including mains and the need for pumping systems in areas south and west of the City limits. The purpose of the project is to provide municipal water service to proposed future residential developments and to augment existing water storage for the City. The City is working with a developer of an area in the hills west of the City limits, and the development of the property requires water storage infrastructure. The City would also like to augment its existing storage to increase fire protection and to provide operational flexibility with the other tanks in the system.

Background
GHD performed an initial desktop GIS analysis of a storage system, potential tank sites and service area pressures, and summarized the results in a technical memorandum dated September 18, 2020. This memorandum was followed by a detailed planning study that investigated tank types, tank siting, tank sizing and hydraulic analysis of four potential sites as well as interconnections with the City’s existing distribution system. The purpose of the second study was to provide technical information and planning level costs so the City can make informed decisions regarding the design and construction of one or more new water storage tanks. The results of the study were summarized in a technical memorandum dated December 20, 2020.

This current study will look in greater detail at the siting of proposed 1.5 million gallon (MG) storage tanks located at Site 1. The elevation of Site 1 is higher than the City’s other water tanks, and the City would like to look in greater detail at system operations with higher tanks, and whether there is a feasible site at a lower elevation where the tanks could be sited so they can “float” with the City’s other tanks in the Zone 1 pressure zone, thereby eliminating the need for one or more booster pump stations and pressure reducing stations.

ATTACHMENT 3

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11217088 | RE: Proposal for Professional Engineering Services: Siting and Analysis of Water Storage, Pumping and Transmission System 2 Scope of Services
The Scope of Services proposed is to perform an update of the siting and hydraulic analysis summarized in a technical memorandum dated December 20, 2020, with specific focus on the tanks to be located at Site 1, and to determine whether there are any other feasible sites at a lower elevation.

The purpose of this task is to develop alternatives for storage, water main alignments, interconnections between the proposed tanks and City water system, and establish the design basis referencing the analysis results and recommendations developed in Technical Memorandum No. 2 for the Water Tank Planning.

A draft basis of design (BOD) report will be prepared to confirm the design concept, summarize the design criteria, and investigate alternatives for interconnecting the tanks with the City’s existing water system and existing Zone 1 tanks, updated hydraulic analysis for the system, determine the need for booster pumps, and capture the recommendations and City input. GHD will assess the design criteria and City’s requirements, including applicable standards, and other recommendations. GHD will prepare a draft BOD report including the tank siting and analysis results including requirements and recommendations for the following:
– Siting options and recommended Site 1 tank siting
– Need for booster pump station at the west end of Redwood Avenue – Redwood Avenue water main replacement
– Water tank interconnections
– Connection alternatives to the City’s water system
– Need for Pressure Reducing Valves (PRVs) and Check Valves (CVs) – Updated hydraulic analysis
The draft BOD report will include a recommended project and will be submitted to the City comments. The report will be updated to address comments and incorporate more detailed design information during the design phase of the project.

Fee Proposal
Our understanding is that the contract mechanism will be through an amendment to the existing Professional Service Agreement for this project. GHD proposes to complete the Scope of Services for the time-andmaterials fee not to exceed $20,000.00 without the prior written authorization of the City. Services not included in this proposal can be provided by a negotiated fee at current rates.

We welcome the opportunity to continue working with the City of Ukiah on this important project and look forward to contributing to its success. Should you have any questions, please do not hesitate to contact me.

Respectfully Submitted,
Matthew Kennedy, PE, TE
Principal Engineer
+1 707-540-3376
[email protected]
Copy to: Jason Benson

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Agenda Item No: 7.h.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2168

AGENDA SUMMARY REPORT
SUBJECT: Report of the Acquisition of Two Diesel-Powered Emergency Intertie Pumps From Pac Machine Co. in the Amount of $294,083.25, and Approve Corresponding Budget Amendment.

DEPARTMENT: Water Resources PREPARED BY: Seth Strader, Administrative Analyst, Sean White, Water Resources Director
PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:

1. Grant Authorization

2. PO 40111
Summary: Council will receive a report of the acquisition of two diesel-powered emergency intertie pumps from Pac Machine Co. in the amount of $294,083.25, and approve the corresponding budget amendment.

Background: On December 15, 2021, Council authorized the City Manager or designee (Attachment 1) to pursue grant funding for the purchase of two mobile, trailer-mounted pumps that can be used to connect the existing City tanks to both the Millview Water and Willow Water systems. These would allow the different water districts to be able to share water with each other to meet the needs of their customers in an emergency drought situation or if water utilities are lost or shutoff due to a wildfire. The City of Ukiah was successful, and the grant was awarded.

Discussion: Water Staff independently placed the order for the pumps with Pac Machine Co. in the amount of $294,038.25. The two pumps arrived in late summer of 2022 and were tested by a combination of City, Millview and Willow Water Staff to test that the machines and systems were ready if needed in an emergency.

Please see Attachment 2 for a copy of the confirming Purchase Order 40111 based on the invoice received from Pac Machine Co. The grant funds received by the City covered $264,600.00, but did not cover the additional expense of freight and tax. The Water fund will be covering the remaining $29,438.25 of the purchase.

Since this was not formally budgeted, Staff requests a budget amendment of $294,083.25 to be approved, as well as amending the budget in the offsetting grant revenue account in the amount of $264,600.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 82027113.56120.18382: $0; 82000000.43190.18382: $0 PROPOSED BUDGET AMOUNT: 82027113.56120.18382: $294,083.25; 82000000.43190.18382: $264,600 FINANCING SOURCE: Water Reserve Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 40111
COORDINATED WITH: Sean White, Water & Sewer Director

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ATTACHMENT 1

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year Page of
Delivery must be made within
doors of specified destination.

RECEIVING COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Item# Description/Part No. Qty UOM Unit Price Extended Price

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2023 1 1
40111-00

PAC MACHINE CO INC
8570 23RD AVE
SACRAMENTO CA 95826-4902

CITY OF UKIAH - CORPORATION YD
1320 AIRPORT ROAD
UKIAH CA 95482
916-387-1336 Seth Strader 10/26/2022
DAVE KIRCH WATER DISTRIBUTION 0.000
$294,083.25
1 GOULDS 3656 END SUCTION CENTRIFUGAL PUMP, 2.0 EACH $132,300.000 $264,600.00 MODEL #20BFSAE2A3R
820.50.00.27.271.2711.27113.56120.18382 $264,600.00
2 FREIGHT 6000.0 DOLL $1.000 $6,000.00
820.50.00.27.271.2711.27113.56120.18382 $6,000.00
3 SALES TAX @ 8.875% 23483.3 DOLL $1.000 $23,483.25
820.50.00.27.271.2711.27113.56120.18382 $23,483.25
REF REQ E40111
PER INVOICE #87645 DATED 8/17/22
TO BE REPORTED TO COUNCIL: 11/2/22
ATTACHMENT 2

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Agenda Item No: 7.i.

MEETING DATE/TIME: 11/2/2022
ITEM NO: 2022-2192

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for EIDIM Group, Inc. for the Council Chambers AV Replacement Project, Specification No. 20-09, and Direct the City Clerk to File the Notice of Completion with the County Recorder, and Approve Budget Amendment.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Spec 20-09 Council Chambers AV Replacement

2. Change Order #1 - Increase in contract days

3. Change Order #2 - Additional work - Revised

4. Change Order #3 - Additional control programming

5. Notice-of-Completion
Summary: The City Council will consider approving a Notice of Completion for EIDIM Group, Inc. for the Council Chambers AV Replacement Project, Specification No. 20-09, and approval of a budget amendment.

Background: The Chambers Upgrade project, which also included technology upgrades to conference rooms No. 3 and 5, has been completed. This project was done to fix antiquated equipment in the council chamber, and to bring audio/visual capability to conference rooms 3 and 5.

Discussion: At the September 2, 2020, City Council meeting, Council awarded the contract for the Council Chambers AV Replacement Project to EIDIM Group, Inc., in the amount of $279,770.43.

Contract work was completed by the contractor in substantial conformance with the approved plans and specifications and subsequent change orders (Attachment 1) on October 10, 2022. The final contract cost, based on actual quantities constructed, is $284,211.67. The final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 2) is filed with the County Recorder.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20824700.80220.15016: $0
PROPOSED BUDGET AMOUNT: 20824700.80220.15016: $9,668.92 FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2021-117 COORDINATED WITH: Mary Horger, Financial Services Manager; Ryan Burkhart, IT Manager

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CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

COUNCIL CHAMBERS AV REPLACEMENT
SPECIFICATION NO. 20-09
Non-Mandatory Pre-Bid Meeting via GoToMeeting:
11:00 a.m., Tuesday, August 4th, 2020
Pre-Registration Required
To pre-register, send an email to: [email protected] by 5:00 p.m., August 3, 2020

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: Tuesday, August 18, 2020
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

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CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

DOUGLAS CRANE– MAYOR
JUAN OROZCO – VICE-MAYOR
JIM BROWN – COUNCIL MEMBER
STEVE SCALMANINI – COUNCIL MEMBER
MAUREEN MULHEREN – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH
July 2020

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COUNCIL CHAMBERS AV REPLACEMENT iii Spec No. 20-09

TABLE OF CONTENTS

PAGE

NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS.................................................................................................................... 1

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS............................................3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS.......................................................7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage

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COUNCIL CHAMBERS AV REPLACEMENT iv Spec No. 20-09
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR.......................................................8 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY......................................................................13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT............................................................15 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................16 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays

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COUNCIL CHAMBERS AV REPLACEMENT v Spec No. 20-09
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT...........................................................................................................................17 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS.............................................................................................................20 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION ................................................................................................23 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS...............................................................................................22 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS...............................................................22 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS..................................................................22 15-01. Provisions of General Conditions to be Amended

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COUNCIL CHAMBERS AV REPLACEMENT vi Spec No. 20-09

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST....................................................................................................................26 PROPOSAL ...........................................................................................................................................27 BIDDING SCHEDULE.................................................................................................................................28 FAIR EMPLOYMENT PRACTICES CERTIFICATION ...............................................................................30 WORKER'S COMPENSATION CERTIFICATE..........................................................................................31 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT.................................................................32 LIST OF PROPOSED SUBCONTRACTORS.............................................................................................33 STATEMENT OF EXPERIENCE OF BIDDER............................................................................................34 SIGNATURE OF BIDDER...........................................................................................................................35 BIDDER'S BOND ........................................................................................................................................36 NON-COLLUSION AFFIDAVIT...................................................................................................................37 AGREEMENT ...........................................................................................................................................38 INDEMNIFICATION AGREEMENT ............................................................................................................42 EXAMPLE BOND FORMS..........................................................................................................................43 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ..........47 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ..............................................48

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

Appendix A – Master Pricing Table and Supporting Pricing Schedules Appendix B – Technical Details
Appendix C - Drawings

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CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR COUNCIL CHAMBERS AV REPLACEMENT, SPECIFICATION NO. 20-09 NOTICE IS HEREBY GIVEN that sealed standard proposals for the COUNCIL CHAMBERS AV REPLACEMENT project will be received at the Office of the City Clerk, Ukiah Civic Center Annex - located at 411 West Clay Street, Ukiah California until 2:00 p.m. on August 18, 2020, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed “COUNCIL CHAMBERS AV REPLACEMENT." DUE TO THE CITY’S CURRENT CLOSURE TO THE PUBLIC BECAUSE OF THE COVID19 EVENT, bids that are HAND DELIVERED must be placed in the Night Drop Box located to the right of the front doors of the Ukiah Civic Center Annex, at the address listed above. As soon thereafter as possible, the bids will be publicly opened via live streaming at http://www.cityofukiah.com/meetings/ and read. Bids are required for the entire work described herein. No fax bids will be accepted.

All of the work to be performed is within the City of Ukiah and consists of the replacement of the audiovisual systems in the existing office conference rooms and City Council chambers of the Civic Center building. General location of the work is at the City of Ukiah Civic Center located at 300 Seminary Avenue, Ukiah, California 95482.

A Non-Mandatory Pre-Bid Meeting will take place via GoToMeeting at 11:00 a.m. on August 4th, 2020. Potential bidders must pre-register for this meeting. To pre-register, please send an email to Mary Horger at [email protected] by 5:00 p.m., August 3
rd, 2020. Registrants will receive a reply email to confirm their registration, along with log-in instructions for the meeting.

Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at [email protected].

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class C10 Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

By order of the City Council, City of Ukiah, County of Mendocino, State of California.

Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: July 31, 2020
7/17/20

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COUNCIL CHAMBER AV REPLACEMENT 1 Spec. No. 20-09

INSTRUCTIONS TO BIDDERS
Council Chamber AV Replacement project shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

Each bidder must supply all the information required by the bid documents and Special Provisions.

Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.

No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.

The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.

The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.

The work is to be completed within sixty-three (63) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.

The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

A Non-Mandatory Pre-Bid Meeting will take place via GoToMeeting at 11:00 a.m. on August 4th, 2020.

Potential bidders must pre-register for this meeting. To pre-register, please send an email to Mary Horger at [email protected] by 5:00 p.m., August 3rd, 2020. Registrants will receive a reply email to confirm their registration, along with log-in instructions for the meeting. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.

Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.

Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, shall in no way relieve the bidder

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COUNCIL CHAMBER AV REPLACEMENT 2 Spec. No. 20-09
from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.

The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.

Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:

Mary Horger, Financial Services Manager
Fax: (707) 313-3621
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah CA 95482.

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COUNCIL CHAMBER AV REPLACEMENT 3 Spec. No. 20-09

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.

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1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.

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(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.

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Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the

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contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.

4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

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2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.

6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor.

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6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work.

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6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.

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6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.

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All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.

Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

7. Apprentices.

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Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City.

The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.

Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.

SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.

The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for

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inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.

Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.

However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.

Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate

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action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.

The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.

SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of

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the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.

SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein

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specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.

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9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.

The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.

1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.

Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National

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Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.

The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.

3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.

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10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".

When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.

All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.

When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.

This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract.

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COUNCIL CHAMBER AV REPLACEMENT 21 Spec. No. 20-09
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent

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COUNCIL CHAMBER AV REPLACEMENT 22 Spec. No. 20-09
by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly

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COUNCIL CHAMBER AV REPLACEMENT 23 Spec. No. 20-09
to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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COUNCIL CHAMBER AV REPLACEMENT 24 Spec. No. 20-09

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of the replacement of the audiovisual systems in the existing office conference rooms and City Council chambers of the Civic Center building. General location of the work is at the City of Ukiah Civic Center located at 300 Seminary Avenue, Ukiah, California 95482.

The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions

12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A".

A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2015, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - The City Council.

Director of Public Works - The City of Ukiah Director of Public Works.

Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.

State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.

In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:

1. (City) Special Provisions

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COUNCIL CHAMBER AV REPLACEMENT 25 Spec. No. 20-09

2. (City) Project Plans

3. City Standard Plans and Details

4. California Standard Plans

5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.

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COUNCIL CHAMBER AV REPLACEMENT 26 Spec. No. 20-09
SECTION 13 - CONSTRUCTION DETAILS
13-01. Technical Specifications. Refer to Appendix B and Appendix C.

SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.

The following designated sections of the Special Provisions are hereby amended to read as follows:

No amendments.

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COUNCIL CHAMBER AV REPLACEMENT 27 Spec. No. 20-09

BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:

Did you include?...
o Proposal (Page 27)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  If providing “or equal”, supplied supporting documentation as required  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 30)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 31)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 32)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 33)
 Filled out completely per instruction
o Statement of Experience (Page 34)
o Signature of Bidder (Page 35)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 36)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 37)
Filled out completely per instruction
 Notarized
o Additional Information to be Submitted with Bid Return: refer to Appendix A, Section 274100, Par1, Sub-Section 1.5.
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing.

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COUNCIL CHAMBER AV REPLACEMENT 28 Spec. No. 20-09

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

COUNCIL CHAMBER AV REPLACEMENT
Specification No. 20-09
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:

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COUNCIL CHAMBER AV REPLACEMENT 29 Spec. No. 20-09

BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:

1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;

2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.

The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.

Lowest bid will be based on the lowest Base Bid.

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COUNCIL CHAMBER AV REPLACEMENT 30 Spec. No. 20-09
NAME OF BIDDER:

SPEC #: 20-09
PROJECT NAME: COUNCIL CHAMBER AV REPLACEMENT

PLEASE REFER TO APPENDIX A FOR MASTER PRICING TABLE,
AND SUPPORTING PRICING SCHEDULES TO SUBMIT WITH YOUR BID.

We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.

THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.

Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, and phone number:

By: _____________________________________________________________ Print Name: _______________________________________________________ Company Name: _______________________________ Address: __________________________________ City: _________________ Zip: _________________Phone #:

Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.

Corporations:

Address of principal office:

Name and address of President:

Name and address of Secretary:

Name and address of Treasurer:

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COUNCIL CHAMBER AV REPLACEMENT 31 Spec. No. 20-09

FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

COUNCIL CHAMBER AV REPLACEMENT
By ________________________________________________________________ (Signature of Bidder)
Business Name: _________________________________________________ Business Mailing Address:
_______________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

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COUNCIL CHAMBER AV REPLACEMENT 32 Spec. No. 20-09

WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.

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COUNCIL CHAMBER AV REPLACEMENT 33 Spec. No. 20-09

CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.

Witness my hand this________ day of _______________, 20____ By ________________________________________________________________ (Signature of Bidder)
Business Name: _________________________________________________ Business Mailing Address:
_______________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)

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COUNCIL CHAMBER AV REPLACEMENT 34 Spec. No. 20-09

LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.

SUBCONTRACTO
R NAME

SUBCONTRACTO

R LICENSE
NUMBER

SUBCONTRACTO
R DIR

REGISTRATION
NUMBER

SUBCONTRACTO

R BUSINESS

ADDRESS

DESCRIPTIO

N OF WORK

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COUNCIL CHAMBER AV REPLACEMENT 35 Spec. No. 20-09

STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to provide information regarding work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract.

For qualifications requirements of Bidder, refer to Appendix B, Section 274100, Part 1, Sub-Section 1.3.

For required documentation to be submitted with the bid documents to establish that the bidder meets the Qualifications requirements, please refer to Section 274100, Part 1, Sub-Section 1.5.B.

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COUNCIL CHAMBER AV REPLACEMENT 36 Spec. No. 20-09

SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:

License No. ______________________________, License Expiration Date .

Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________

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COUNCIL CHAMBER AV REPLACEMENT 37 Spec. No. 20-09

CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on August 18, 2020 for COUNCIL CHAMBER AV REPLACEMENT.

NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________

Page 212 of 390 ends

Ukiah City CouncilNovember 2, 2022

Ukiah City Council
November 2, 2022